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 Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12614
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

So I have one more question, are you saying that it would be

This answer was rated:

So I have one more question, are you saying that it would be illegal for her to only pay me on paid invoices since I have been paid on the 25th of each following month my commissions regardless of whether the invoice is paid yet? (minus anything that has reached over 90 days)
Thank you very much for your followup question.

If it is your employer's practice to pay commissions upon you making the sales, your wages would be due within 72 hours of you quitting because the wages have already been "earned."

However, if payment to you ordinarily is not made until payment from the sales is received, your commission arguably is not "earned" until that point in time and therefore would not owed to you until payment from the sales is received. Thus, Labor Code 201 would not mandate the payment of your commissions until that point in time.

It really comes down to when the commissions are deemed "wages earned."

Please do not hesitate to let me know if you require further clarification.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions