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Commission Only in Texas

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  • Commission Only in Texas

    I'm inside/outside sales on straight commission plan...employers had fallen behind on commission payments, or had made me very small payments..., are there any laws or regulations that will obligate them to pay what they owe me?

  • #2
    Hard to say.
    - Under federal law (FLSA), Inside Sales must be paid minimum wage and Outside Sales does not. So presumably any governmental look at your situation would be to try to figure out just what "inside/outside sales" means, because the government does not really recognize mixing the two situations. I will include a pointer to the Outside Sales rules. You legally either qualify for those rules or you do not. If you are due minimum wage, you can file a wage claim with TX-TWC. If you are Inside Sales, then you are either subject to the "normal" overtime rules, or possible the Retail/Service Establishment exceptions.
    - Past that it gets complicated. The feds mostly lose interest once the minimum wage and overtime rules have been addressed. TX-TWC might be interested, but your state is not my state and I have no feel for how TX-TWC views commissions. Your commission agreement may or may not rise to the level of an enforceable contract, but even if that is true, you would need to have a local TX attorney read any actual documents you have to determine just what that means. Contract law is very specific to both the laws of the exact state involved, plus the exact wording of all documents (none of which anyone on this website have read). While labor law (FLSA, plus whatever TX rules) exist because the government imposed certain rules, commissions often involve contract law, meaning having a local attorney read the agreement.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)