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Does company have to pay my commissions? Georgia

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  • #16
    thanks patty
    Last edited by Gasalesrep; 09-05-2009, 04:36 PM.

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    • #17
      Originally posted by Gasalesrep View Post
      So what you are saying in your post, is that I am only entitled to minimum wage for the 5 days that I actually worked during the last two weeks? Even though, my company policy says wait 90 days then any commissions owed will be paid.
      No, that is not what I am saying. I am saying two different things.

      1. I am saying that you must be paid at least MW and probably OT on a work week basis. That is black letter law that you and/or your employer could not make go away even if you both wanted to.

      2. Past that I am saying that apparently you have a commission agreement that you think says one thing and that your employer thinks says something else. I am saying that no one on this website has read this commission agreement, that commission law is very state specific, that I am not an expert on GA commission law, and that you need to take your agreement to a local GA labor law attorney who will need to read the agreement in it's entirety, and to make a decision on whether or not it worth going to court. I also said that federal DOL does not care about your commissions, and that the exists-in-name-only-GA-DOL does not care about much of anything, so the courts are your only possible solution for GA commission related matters.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #18
        The reason they ask about the minimum wage is because if we say yes, we want minimum wage, then the next commission check we make, we have to pay back the minimum wage. In other words, if we have a good sales period (two weeks) after the minimum wage check, then some of that money is taken back to pay for the minimum wage.
        That isn't legal, either. You must receive minimum wage on a workweek basis and you must receive it free and clear. Minimum wage payments are not subject to "recovery" in future pay periods.

        Oh, and the employer is also required under the FLSA to keep records of all hours worked by nonexempt employees. If they aren't doing that, that's illegal as well.

        So you are saying that even if I have commissions due after 90 days, they still have to pay me minimum wage in two weeks? And then if they want to pay me the commissions they can wait the 90 days?
        Yes, and probably.

        This company is in violation of the FLSA in a number of areas. Somebody needs to call them on it. Especially the minimum wage handling. You might want to suggest to some of the employees (I know you said you didn't want any more contact with the company) that they at least read this thread. They're being illegally taken advantage of.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #19
          ok, thanks.
          Last edited by Gasalesrep; 09-05-2009, 04:36 PM.

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          • #20
            Patty,

            I appreciate all your help
            Last edited by Gasalesrep; 09-05-2009, 04:33 PM.

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            • #21
              Your choice, I guess. I just hate to see people taken advantage of by unscrupulous employers.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #22
                thanks everyone
                Last edited by Gasalesrep; 09-05-2009, 04:33 PM.

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