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Do you have anyone who specializes in employment law for the…

Do you have anyone who...
Do you have anyone who specializes in employment law for the state of California?
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Answered in 5 minutes by:
9/7/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,392
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive employment law experience. I would be happy to provide assistance. What is your question?

Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 10 months ago
ok, i think
Customer reply replied 10 months ago
are you able to give specific answers to my question and if so, can we chat?
Customer reply replied 10 months ago
hi roy, did you receive my last question?

Yes, feel free to post your questions on the chat and I will answer them.

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Customer reply replied 10 months ago
you have not answered my question yet so what do we do here?
I have not received any question other than:
  • are you able to give specific answers to my question and if so, can we chat?
  • hi roy, did you receive my last question?

What is your California employment law question(s)?

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Customer reply replied 10 months ago
Ok my question is that I just started with a media company as an employee in ad sales and they have changed the terms and want me to switch over to a different arrangement than I agreed to OR make me a 100% commission sales member and I am not sure this feels right.

What is the "different arrangement"?

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Customer reply replied 10 months ago
I live in Santa Clarita and agreed to come on board but only if I did NOT have to commute 2 hours in rush hour traffic every day. My publisher resigned one month after I started and now I have a new local guy who is requiring me to work in their local offices and not taking into account that I am losing productivity time by commuting and working in the LA office. I have had a very successful career working remotely and have clients in So Cal...but also as well as national and international high-profile luxury all over!
Customer reply replied 10 months ago
I would have NOT accepted this job if commuting to LA was part of the equation and have had a successful career in publishing alone for the past 17 years. I've only been there 2 months and everything has changed. Please help, Roy.

Thank you for all of the information.

Under California law, there is what is called a “commissioned sales” exemption. This exemption applies to employees who:

  • Earn at least one-and-a-half times the minimum wage;
  • Earn more than half their income in the form of commissions; and
  • Work in the mercantile industry (which includes retail jobs), or work in certain professional, technical, clerical, mechanical, and similar occupations.

The commissioned sale exemption only exempts employees who satisfy both conditions during a pay period. If an employee earns less than one-and-one-half times the minimum wage during a pay period, the employee must be paid overtime compensation for overtime hours worked during that pay period.

This would determine whether a 100% commission-based pay structure would be legal for your employment.

As for requiring that you commute to the office. Unfortunately, California is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

Therefore, if you refuse to accept the new terms of employment, absent a contract for a certain term, the employer can simply terminate your employment.

I am sorry that I do not have better news for you.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 10 months ago
Hello Roy,
Why did you send me all that on being a "commissioned sales" exemption and how is that relevant to my exact job?
I am not comfortable with either of the two options they are "offering" me after 9 weeks of employment so what I was asking is do I have any rights here?
I am a seasoned, highly-talented professional and my new male publisher doesn't seem to get it and is treating me like a rookie.

I provided to commission sales information, because you indicated that one of the options was a commission only position. Commission only jobs must comply with certain criteria. If they changed you to a commission only job, it would have to comply with certain terms. If that is an avenue you wanted to pursue.

As for any rights to not accept either option and remain in your current position: unfortunately, there are very limited options. If the reason you are unable to commute is because of a disability, then you would have a claim. Otherwise, since California is at-will employment state, an employer can change the terms of employment, as long as they do not violate any labor codes, such as minimum wage, or any discrimination laws. The other option the employer has, is to simply terminate your position. There really is no liability for terminating an employee, unless there is a discriminatory basis for the termination.

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Customer reply replied 10 months ago
I have severe insomnia so that would definitely be a disability if I have to drive while sleep deprived however it is none of their business.
I'm used to being commission only so I guess I would need to review contract with someone who knows/specializes in advertising media sales?
Would you agree?

For a matter like this, I would recommend that you meet with an attorney to review the contract and make sure that your interests are properly represented.

I know it seems self-serving for an attorney to tell you to use an attorney. But, if I believe that you can handle a legal matter on your own, I will tell you so. This is simply not one of those cases. Just like you can sometimes use the internet to diagnose a medical issue yourself and don't need a doctor, but you would never try to do surgery on yourself. This type of contract negotiation is like surgery.

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Customer reply replied 10 months ago
Wow, really?! Like surgery?
They want an answer from me on which option I choose by Monday morning so do you recommend telling him that I've decided on 100% commission and working remote and then wait until I receive contract before I expend any more energy and time on this company?
In your opinion, exactly what type of attorney do I ask for to review my contract? Do you have referrals in the Santa Clarita valley?
Kind regards

Yup, like surgery.

You can tell them that you believe that you will choose the 100% commission, but would like to consult with an attorney regarding the terms of the contract and ask them for a few days.

A contracts attorney, specifically labor and/or business, can review this document for you.

I have a referral that is in the San Fernando Valley, not too far for you.

His name is*****(###) ###-####***@******.***

You can tell him that I referred you.

Good luck!

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Customer reply replied 10 months ago
Thanks, Roy! You are a very cool person and I very much appreciate your help.
Enjoy your weekend!!

You too! Thank you for the kind words.

Please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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Customer reply replied 10 months ago
Just hung up with jeff, very kind person. He's all the way in manhattan beach but we discussed option of working together via phone and email - even though his hourly rate is high! Yes, you get 5+ rating, how do I send?

He is a dear and true friend. Although his hourly rate is high, I can tell you from having worked with him in the past that he will bill you for one hour and work for two. That is the type of person he is.

You rate me by clicking the stars at the top of the page.

Thank you so much!

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Customer reply replied 10 months ago
He said lovely things about you as well. :)
If I rate you now, does this mean it ends our session completely?
I wish you all the best and know you will do well.
Do you have a contact email?

If you rate me and need to ask more questions about this matter, you can just come back to the question and post. I would be happy to answer the questions.

If you need help with anything else, for easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,392
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Ok, great!
Will rate now.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. Let me know if you need help in the future. Good luck to you!

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