How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114019
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Hi,I am an insurance broker in California that gets paid

This answer was rated:

Hi, I am an insurance broker in California that gets paid a guaranteed salary (not a draw) plus commission on new business and renewals, but I am not under written contract. I also receive commission overrides on another broker's business since I assist with him.  Based on AB1396, shouldn't I be under contract? Thank you in advance.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under the new law, ANY commissioned employee must have a written contract regarding commissions and how they are paid and when they are due. Commission wages are defined by the law as compensation paid to any person for services rendered in the sale of an employer’s property or services, based proportionately upon the amount or value thereof. So whether the employer routinely pays commissions or does so only on an intermittent or occasional basis, this law requires written contracts.

You need to let your employer know again and tell them to double check this with their corporate counsel, because it could end them up in trouble.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for this information for your prompt reply. The answer is what I expected to read but just wanted to confirm.

Thank you very much.