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Does company have to pay my commissions? Georgia

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  • Does company have to pay my commissions? Georgia

    thanks for all your help
    Last edited by Gasalesrep; 09-05-2009, 04:32 PM.

  • #2
    I'll let one of the payroll experts address your wage question.

    As far as your 401k goes, the plan document will determine how distribution is handled. While "immediately" (which translates to several weeks minimum when you consider everything that must transpire) is the most common, it is not by a long shot the way all plans work. Distribution can be quarterly, semi-annually, or even annually, depending on what the plan says.

    The employer MUST follow the plan document. They cannot deliberately hold off making the transfer you elect; however, they cannot make it more frequently than the plan document says either. Give it a week or so (there is some processing and mailing time required even if everyone drops everything to get you the information, and it is a holiday weekend) and if you have not received the forms providing you with your options, give the administrator a call and ask how the distribution is managed.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      It is not legally possible for an "inside (phone) sales rep" to be paid on a 100% commission basis. You must be paid at least minimum wage and overtime on a workweek basis for all hours worked. A lot of people have tried all sorts of arguments on this (bankers, stock brokers, mortgage industry, et al) and everyone who was gone to court or against federal DOL has lost big time. Inside sales must have their hours worked tracked, must be paid at least minimum wage, and depending on the industry, generally must be paid overtime. There is a Retail/Service Establishment exception, but this does not apply to people selling over the phone, and does not so much eliminate the overtime requirement as replace it with a different requirement.

      It is possible that you have a claim for more then that, but that would require a local attorney to read your commission agreement documents (if any) to determine that. MW/OT are mostly federal law and there is nothing the state (or employer) can do to make those rules go away. This is very much "black letter law".

      Commissions per se is more complicated. Amounts due past MW/OT is more complicated, in part because the feds have mostly lost interest once MW/OT rules are complied with, and because GA does not even have a functional state DOL. So we basically are talking courts, both for your claim against your employer and their claim against you. And either claim would be based on the exact wording of commission agreements which no one on this web site has read, and GA law on commission, which I at least do not know.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        cbg,

        So even if my company claims I owe them money, they still can not hold up my 401K, is that correct?

        Thank you so much for your quick response.

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        • #5
          thanks everyone
          Last edited by Gasalesrep; 09-05-2009, 04:32 PM.

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          • #6
            That is correct. 401k plans are heavily regulated by Federal law and there are NO circumstances under which they can hold your 401k hostage.

            Just don't forget that immediate disbursal is by no means guaranteed. I've worked for at least one plan where distribution was annual. The plan document said that all distributions were in February. If you quit or were let go in March, you would have an eleven month wait before we could legally make any distributions or transfers. (I changed it as soon as I legally could to immediate, but they had a valid reason for setting it up the way they did initally and until I could make the changes, we were legally required to honor the terms of the plan.)

            You are entitled by law to a copy of the Summary Plan Description, which will tell you how distribution is handled, if you can't get an answer from the administrator. But as I said, even if everyone were to drop everything first thing Tuesday to get you the information, it would be the end of next week before you had anything in hand. Give it a reasonable length of time and then call for a status.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              The employer cannot hold your check for earned wages for 90 days, final check or otherwise, standard written policy or not. Although Georgia has no law specifiying when pay is due, the federal DOL has determined that if pay is any less frequently than monthly a wage claim may be filed.

              However, commissions are a different story. It MAY be legal to hold those past your termination date. It is NOT legal to hold wages for your hourly rate (I'm assuming minimum wage, or is it something higher?) for 90 days.

              Do NOT write them a check for ANYTHING. If they want to pursue recovery of commissions that they claim have been paid in error, due to returns or whatever, let them sue you for it.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                cbg,

                thanks
                Last edited by Gasalesrep; 09-05-2009, 04:34 PM.

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                • #9
                  No, I don't mean anyone in HR or anyone at your employer. There will be a third party administrator who manages the plans.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    Patty, thanks for your reply.

                    I do not have an hourly rate. We are expected to be at work during certain hours but we don't punch a time clock (some other hourly employees such as warehouse staff do have to punch a time clock).
                    Last edited by Gasalesrep; 09-05-2009, 04:37 PM.

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                    • #11
                      cbg,

                      Oh, good, I thought that is what you meant but I wanted to be sure!

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                      • #12
                        thanks again
                        Last edited by Gasalesrep; 09-05-2009, 04:35 PM.

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                        • #13
                          How do you record your hours? On the computer?

                          They "ask" if you'd like to be paid minimum wage? They HAVE to pay minimum wage, at least. And it has to be calculated on a workweek basis, not a pay period basis. Do you receive overtime pay when you work over 40 hours in a workweek?

                          What I would do is wait until the regularly scheduled payday and see what happens. If you are not paid by that time, send a certified, RRR, letter demanding your pay within, say, 7 days. If you don't receive it within that time frame, file the claim with the federal DOL.
                          Last edited by Pattymd; 09-05-2009, 10:49 AM.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            If you do not receive the separation notice within the appropriate time, keeping in mind the Federal holiday when the post office and all state offices will be closed, you report that to the UI office.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                            • #15
                              cbg,

                              The UI office? I am not filing for unemployment.
                              Last edited by Gasalesrep; 09-05-2009, 04:36 PM.

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