California Employment Law

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If a commissioned employee is paid weekly and has one paycheck…

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If a commissioned employee is...
If a commissioned employee is paid weekly and has one paycheck that does not meet minimum wage, is the company required to pay the employee minimum wage for that week when all other combined pay averages over minimum wage?
Submitted: 6 years ago.Category: California Employment Law
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Answered in 10 minutes by:
2/27/2012
California Employment Lawyer: Joseph, Lawyer replied 6 years ago
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer.

Yes, an employer is required to pay a commissioned employee minimum wage for any pay period in which the employee's commissions amount to less than minimum wage.
Ask Your Own California Employment Law Question
Customer reply replied 6 years ago
Is it possible to pay an additional fee to get more information? I would like to know under what section, state or federal law, that the answer to my question is found. I have been researching this for a while and have not found the answer on my own. I would like to be able to reference back to the actual law in the future if this question arises again.
California Employment Lawyer: Joseph, Lawyer replied 6 years ago
You can leave a bonus if you are satisfied with the additional information provided.

Under the Fair Labor Standards Act, employees who are paid on commission must be paid at least minimum wage.

The citation for that is available here, on the Department of Labor website, which states that employees paid on commission must be paid at least minimum wage:

http://www.dol.gov/compliance/topics/wages-commissions.htm


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Customer reply replied 6 years ago
Joseph,

Just one more clarification. I have already found the law that you directed me to prior to contacting you, but the law does not clarify if it is based on a single pay period or if can be interpreted as being over the course of employment the employee makes well over minimum wage. Because the employee continually earns over minimum wage, do they need to be compensated for this one pay period that is short?
Customer reply replied 6 years ago
Joseph,

I beleive the site was having technical difficulties when I posted a question for additional clarification. I've been waiting for an answer since that time, which is the reason I have not accepted. Please see my question posted on 2/27/12 @ 3:24 pm. If you do not have access to our conversation thread please let me know and I will repost.

Thanks
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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