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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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My husband is a commissioned driver in Kansas. In s

Customer Question

My husband is a commissioned driver in Kansas. In his employment contract it stated his commissioned rate. In the past year on large commission jobs his employer began paying an hourly rate. An example is on a $1500 job his employer is only paying $37.50 per hour. This would normally make him 450.00 and now he will only get paid $75.00. Can an employer actually pick and choose when you get commissioned rates versus an hourly rate of pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

They can only do so when the basis for deciding is made clear to the employees so that they understand what it is they are working for.

The agreement that your husband signed is almost certainly not an actual employment contract. Less than 1% of American's sign those. Most likely, it is just an employment agreement with a statement of terms which are "at will."

If it isn't, you can actually sue the employer for breach of contract, but the agreement has to actually state that the terms can't be altered without his consent.

Moving on to "at will" employment, the employer can alter that payment base at any time, but it has to be clear to the employee and forward looking. Your husband has to have the ability, each time, to understand his pay base and to make the person decision of whether or not he wants to work under that condition of employment.

If not, he needs to file a wage complaint against the employer with the state here:

https://www.dol.ks.gov/Laws/Einfo.aspx