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  • Confused

    Hi, My husband was an auto repossessor and was paid on commission, also he paid for his own gas for the work he provided, If he didnt pick up a vehicle he would'nt get paid, no matter how many hours he worked, when many many days he would be out over 24hrs. My question is, when the account would close without the vehicle being picked up the company would get paid for it, with him doing all the leg work, time and gas expenses. Would he be intitled to that or some. Also he was employed by them for over 6 years without sick pay or a payed vacation, would he be intitled to that.

    Thanks confused in cali,,,,ps any web site on comission laws or peace work....

  • #2
    The employer does not have to provide paid vacation or sick pay benefits, so if they didn't have them, there's nothing he can do about that.

    Regarding his pay, unlesss there is an exception that I don't know about, he would not qualify as an exempt employee and, as such, he would have to average, on a weekly basis, at least minimum wage for all hours he worked and overtime pay at time-and-a-half for all hours worked that qualify as overtime under California law. I recommend he file a claim with the Division of Labor Standards Enforcement and let them sort it out. However, the DLSE won't go back 6 years; for that he would need an attorney.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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