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Patrick, Esq.
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Category: California Employment Law
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Hello, I am a mechanic payed on comition. Every I get 26% of

Resolved Question:

Hello, I am a mechanic payed on comition. Every I get 26% of every labor hour billed to the customer. When I recieve my paycheck they give me only a check with a stub that says comition 1 and then the dollar amount. They dont give me a detailed report of why they payed me what they did. They dont even give me how many hours they have payed me for. Is this legal or should they be giving me a print out saying how many hours I billed and also how many hours per job. Thanks.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Employers are generally required to provide their employee's a breakdown of wages for each paycheck. Specifically, Labor Code section 226 states as follows:

(a) Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission, (3) the
number of piece-rate units earned and any applicable piece rate if
the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which the employee is paid, (7)
the name of the employee and his or her social security number,
except that by January 1, 2008, only the last four digits of his or
her social security number or an employee identification number other
than a social security number may be shown on the itemized
statement, (8) the name and address of the legal entity that is the
employer, and (9) all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee. The deductions made from payments of
wages shall be recorded in ink or other indelible form, properly
dated, showing the month, day, and year, and a copy of the statement
or a record of the deductions shall be kept on file by the employer
for at least three years at the place of employment or at a central
location within the State of California.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 5 years ago.

What about being payed comition? does the employer need to show how many hours were billed or a descritption of each job billed? Thanks I will hit accept after this.

Expert:  Patrick, Esq. replied 5 years ago.
Thank you for your followup.

Labor Code section 226 requires the employer to state the "total hours worked" as well as the employee's "gross wages." These requirements, when read together, would seem to indicate that a calculation of all hours upon which commission is based must be supplied to any commission-based employee.

I hope that this helps clarify. Please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us. Best regards XXXXX XXXXX new year.
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