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Employee compensation - please confirm. For those employees…

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Employee compensation - please confirm...
Employee compensation - please confirm.

For those employees who are paid HOURLY + COMMISSION, any and all earnings within the said payroll period must be paid in full to the employee on the following pay date. The "employER cannont choose to hold the commission part of the wages earned until the end of the month and ONLY pay the hours earned in the first pay period of the month.

Please confirm at your earliest convenience. Thank you!
Submitted: 8 years ago.Category: Employment Law
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Answered in 29 minutes by:
6/16/2010
Employment Lawyer: AlexiaEsq., Managing Attorney replied 8 years ago
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,637
Experience: 19+ Years of Legal Practice in the Employment law arena.
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Dear jacustomer:

 

No, I can not confirm, that, and actually, I can confirm that it is not so:

 

Here is what the employer must do: (and since I don't know your employer's payday schedule, i.e. daily, weekly, bi-weekly or monthly) I can't speculate). As noted here, it does not indicate a prohibition on having a monthly pay day, as opposed to every two weeks. THus, the employer could clearly hold wages (hourly) and only pay them monthly, as it can for commissions. Given that there appears to be no prohibition on paying more frequently, it would appear that there is no prohibition on allowing the employees to get their wages portion more frequently, like twice/month, while not doing the same for the commissions..

 

408.472 Payment of wages; [which includes commissions] time; regularly scheduled weekly or biweekly payday; monthly payday; overtime earnings during month of December; frequency of wage payments.

Sec. 2. (1) An employer, except an employer of an individual who harvests crops by hand as provided in subsection (2), shall pay the following to each employee:

(a) On or before the first day of each calendar month, the wages earned during the first 15 days of the preceding calendar month. [OK, so commission if earned from June 1-15 must be paid by July 1, as do hourly wages. Keep in mind, the trigger that makes a commission payable may not be what you expect - for instance, employer can make a commission only payable upon receipt of payment of sale by customer, where payment clears.]

(b) On or before the fifteenth day of each calendar month, the wages earned during the preceding calendar month from the sixteenth day through the last day. [This, commissions earned from June 16-June 30 myst be paid by July 15.]

(2) An employer shall pay to each individual engaged in any phase of the hand harvesting of crops all wages earned in a week on or before the second day following the work week unless another method of payment is agreed upon by written contract.

(3) An employer who has established a regularly scheduled weekly or biweekly payday shall be deemed to be in compliance with subsection (1) provided that:

(a) Wages are paid to the employee on the established regularly recurring payday; and

(b) Such payday occurs on or before the fourteenth day following the end of the work period in which the wages are earned.

(4) An employer who establishes a monthly payday shall be deemed to be in compliance with subsection (1) provided that the employer pays to the employee on or before the first day of each calendar month all wages earned during the preceding calendar month. [It indicates that ALL wages (including commission) , say, for June, must be paid before July 1, but it does not say they must be paid at the same time. Therefore, it would appear that he could pay the wages for June at any time before July 1, as he could the commissions.]

(5) In the case of employees' overtime earnings earned during the month of December which would in compliance with this section be paid to the employee after the sixteenth of December, an employer will be deemed to be in compliance with this section provided the employer meets all of the following:

(a) Employees receive all their wages, except overtime, for the month of December on or before the employees' regularly scheduled payday;

(b) And all overtime wages earned during the month of December are paid on or before the next regularly

scheduled payday following the payday in which the overtime would otherwise be paid.

 

(6) An employer may pay wages more often than required by this section.

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

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