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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29037
Experience:  Lawyer
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Can you be paid commissions and a base of 50. a day, even if

Customer Question

can you be paid commissions and a base of 50. a day , even if it does not equal 10 an hour @ 70 hours for a pay period (2 Weeks)
Submitted: 10 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

What state are you in? Do you do in-house sales, working at a set location for the employer? Or do you spend your days going to different locations?

Customer: replied 10 months ago.
1- California
2-Inside Sales
3-Set Location
Expert:  Lucy, Esq. replied 10 months ago.

Thank you.

No, that's not legal. Federal law allows employers to avoid paying OUTSIDE sales employees minimum wage for all hours works. There is no such exemption for inside sales employees. If you're getting paid a base of $50/day, you're under federal minimum wage requirements for a 35 hour work week, and that's illegal (unless that's 5 hours a day, 7 days a week).

California's exemption to the $10/hour minimum wage law is also for outside sales persons only. You have to be paid at least $10/hour and commissions would be on top of that. If your employer is paying less than that, you can report them to the Department of Labor.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 10 months ago.

Did you have any other questions about this?