California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

Can a business that pays commission only to independent contractors

Customer Question
require them to report 30...
can a business that pays commission only to independent contractors require them to report 30 minutes ahead of work shift unpaid
Submitted: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 7 minutes by:
7/10/2015
California Employment Lawyer: Marsha411JD, Attorney replied 2 years ago
Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 20,426
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified
Hello,Thank you for your question. Just for clarification, is this situation taking place in Texas or California?
Ask Your Own California Employment Law Question
Customer reply replied 2 years ago
Texas
Customer reply replied 2 years ago
I am being asked to sign a contract as an IC that requires arrival 30 minutes prior to shift (shifts are 9-2:30 or 2:30 to 8 and I am already nervous about this much loss of flexibility; we are only allowed to choose morning or afternoon, not actual times) and if you do not arrive that 30 minutes prior you will be marked as tardy and receive warnings and then dismissal if it continues. There is no compensation for the 30 minutes wait time or payment beyond a 50% cut actual massage sessions performed and commissions are paid 15th and 30th each month. The spa takes a cut of half the cost of each session as well as everything above a $25 gratuity for "room rental". Hope this clarifies.
California Employment Lawyer: Marsha411JD, Attorney replied 2 years ago
Hello again and thank you for that clarification. Your question somehow had ended up in the California Employment law category. In any event, if the worker is correctly categorized as an independent contractor, then the employer is limited on the amount of control that they can assert over the worker. It has less to do with how the worker is paid and more to do with IRS and State law rules about who can be categorized as an IC versus a W-2 employee. This is a very complex and fact specific area of the law and only the IRS and the TWC could ultimately decide that issue.If the worker in this situation were a W-2 employee, they could be forced to report to work without extra pay, even if they were paid only on a commission basis, as long as their rate of pay for the pay period, after the commissions are paid is equal to or larger than minimum wage based on the number of hours put in. If the employee's wages were below minimum wage, the employer would have to make up the difference. In the case of a true IC, whether the employer can require them to come in early and not pay anything extra depends entirely on what the IC agreement/contract says. In other words, with an IC (again assuming they are correctly categorized) the agreement, and not some statute controls the payment issues. So, in this case, if there is no mention of working hour requirements in the agreement or it is clear that the commissions only cover the actual work within a specific period of time, then there might be room for the IC to refuse to come in early. If you are unclear as to whether or not the position is correctly categorized as an IC, you, or the employer can request an opinion from the TWC and/or the IRS on an SS-8 form. Please let me know if you need any clarification. Keep in mind that any post you make while I am working on a previous post of yours will not get to be until after I respond to the original one. I do not engage in the Chat function.
Ask Your Own California Employment Law Question
Customer reply replied 2 years ago
thank you. while I was waiting I was able to reach the Department of Labor in the Dallas branch office and they confirmed it is not lawful to require any worker to regularly report to work without pay a half hour before work actually is scheduledI was aware of the SS-8 option but I really don't have six weeks or more to wait around for the IRS to make a determination.
California Employment Lawyer: Marsha411JD, Attorney replied 2 years ago
You're welcome. Although I can't comment on what the DOL said, I can say that as long as a W-2 employee is being paid at least minimum wage for the hours they work, when commissions are averaged out, the employer would not have to pay extra for report time. The key is whether minimum wage is met. Otherwise, they would have to pay for time worked if the employee was paid hourly. A bit convoluted, but both Federal and Texas law. Of course, the IC issue complicates things and the TWC and DOL will not get involved in true IC cases other than to make the determination if the worker is or isn't.
Ask Your Own California Employment Law Question
California Employment Lawyer: Marsha411JD, Attorney replied 2 years ago
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.
Ask Your Own California Employment Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 20,426
20,426 Satisfied Customers
Experience: Licensed Atty, 29 yrs exp in the practice of law.

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Attorney
20,426 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
1,031 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
1,031 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x