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Thread: california commission only employee California

  1. #1
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    Default california commission only employee California

    I am a full time regular employee in california whos paid commission only based on sales from leads given to us by the office. Things in our industry are VERY slow right now and the boss continually "threatens" to let one of us go if "we" ( the commissioned salesmen) dont go out and make more sales, but wont actually fire anyone due to the fact hes very frugal and refuses to pay unemployment.

    My question is, if work comes to a stand still and there are no leads for us to go out on, can we file for unemployment due to lack of business and / or income, even though the owner wont terminate the employment?

    Also, i am on call for 9 hours a day. I know im entitled to minimum wage for every hour i work. Is being on call where i mandatorilly have to answer the company phone during business hours even though i may be at home, justify working hours?

  2. #2
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    Unemployment isn't based on your boss saying the magic words, "you're fired" - it's based on whether or not you're earning any money. So I don't see any reason why you couldn't at least apply for UI - the worst they can say is no.

    The on-call question is more complicated. On-call pay is based on how restricted your time is. If you can more or less go about your business as long as you carry your cell phone, and have an hour to respond to any calls, you probably don't have to be paid for the time. On the other hand, if you are tied to the house and must respond to any calls within five minutes, you probably do. The state DOL can give you an opinion as to whether this is payable time for you or not.

  3. #3
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    Inside sales or outside sales?
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    Quote Originally Posted by Pattymd View Post
    Inside sales or outside sales?
    im sorry, i dont know the difference.

  5. #5
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    Where do you do the selling, from the office or at the customer's place of business? Here's the reason I'm asking, specifically the Outside Sales exemption criteria.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf
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    Quote Originally Posted by Pattymd View Post
    Where do you do the selling, from the office or at the customer's place of business? Here's the reason I'm asking, specifically the Outside Sales exemption criteria.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf
    I am a termite inspector. the job entails more than sales as i have to also physically inspect the property. I only get paid on repair or remediation sales.

    hope this helps

  7. #7
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    So the sales are incidental to your primary duties of inspecting? Can you estimate how much of a regular workweek is spent on actually selling versus inspecting and any support work for sales (such as all the paperwork involved)?

    If so, I would opine that you do not meet the criteria for any type of exempt status and, as such, must be paid at least minimum wage for all hours worked and overtime pay (either 1.5 or 2.0 time) when applicable.
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  8. #8
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    thats pretty much what i thought.
    Thank You

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