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  • Incentive California

    I live, work and sell in California, my employer is based in Washington state.

    I work in medical laboratory sales, my new employer is not providing me with sales figures upon which my compensation is based. Is that legal?

    In addition i think they are computing / calculating the revenues improperly upon which my compensation is based. In addition they are NOT providing the data/numbers that they are using to calculate my compensation. Is that legal?

    In all the years that I have worked for labs, the sales numbers were provided to me. This is a first for me.

    Any thoughts on the subject(s) would be greatly appreciated.

    Thanks

  • #2
    This is going to be a careful answer. If you are working in CA, then your employer is a CA employer. CA has very different rules on commissions then anyone else does. I am not saying for certain that there is a hard rule that you must be notified about sales and other information that drives your commissions, but I will say that some sort of rules exist. I will include a pointer to the CA-DLSE manual. I am going to suggest that you download a copy and read the commissions section. If this does not answer your question, try contacting CA-DLSE directly, but it really helps if you have read their manual first and can phrase your question in those terms.
    http://www.laborlawyer.net/dlse/DLSE_EnfcManual.pdf

    If you were in a different state then CA, this would be a very different answer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      CA-DLSE manual

      Originally posted by DAW View Post
      This is going to be a careful answer. If you are working in CA, then your employer is a CA employer. CA has very different rules on commissions then anyone else does. I am not saying for certain that there is a hard rule that you must be notified about sales and other information that drives your commissions, but I will say that some sort of rules exist. I will include a pointer to the CA-DLSE manual. I am going to suggest that you download a copy and read the commissions section. If this does not answer your question, try contacting CA-DLSE directly, but it really helps if you have read their manual first and can phrase your question in those terms.
      http://www.laborlawyer.net/dlse/DLSE_EnfcManual.pdf

      If you were in a different state then CA, this would be a very different answer.
      Thanks very much for the advice. I checked the CA-DLSE manual, and found it rather vague in terms of incentive regulations/guidelines. Am I correct in understanding that this manual, written in 2002, is the only definitive law/regulation/guideline, that state of CA uses?

      Thank you,

      wwwood

      Comment


      • #4
        The manual was originally written in 2002 but is updated continually. What you see on line is as current as it gets. I have no idea why CA-DLSE does not change the dates, but they really do not care what I or anyone else thinks. I am sure that CA-DLSE has many more internal sources but that is what they choose to share with the public along with opinion letters and some fact sheets. I note that the major rule on commissions is a result of court decisions and that CA-DLSE is simply mirroring what the court said.

        A little while ago it sounded like you were talking about commissions and now you are talking about incentives. CA-DLSE considers those to be two unrelated subjects. CA-DLSE generally considers "sales figures upon which my compensation is based" to be considered commissions, and those rules are more pro-employee then the more general bonus/incentive rules. I can write a general incentive program that does pretty much whatever I (as the employer) wants but commissions in CA do not work that way because the courts (and CA-DLSE) says that do not work the same way.

        You might want to talk to CA-DLSE but you need to phrase your question in terms of what their manual says. I suspect that they have a much higher opinion of their manual then perhaps you do.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Thanks for the clarification, and observations.
          I will explore my options with the DLSE.
          Regards,
          wwwood

          Comment

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