Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

pay deduction California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • pay deduction California

    I work for a contractor that sells home improvements. There are several forms to fill out when a sale is made. If I make a mistake on the paperwork and the office sends another employee back to the customers home to resign or initial paperwork, is it legal to dock my commission for sending someone out?

  • #2
    Probably, if that's what the agreement calls for and you agreed to it.

    However, to clarify, do you work inside sales or outside sales?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      outside sales. All of my sales are done while at a customers home.

      Comment


      • #4
        I have read examples like the waiter cannot be charged for dishes he broke. This is an act of simple negligence and a cost of doing business. Would this be the same for me? If I make a paperwork mistake in the field, is this considered simple negligence? The company's time is the "loss" and I am being fined for that loss.

        Comment


        • #5
          Here's the thing, though; a waiter is a nonexempt employee by definition. Plus, a waiter being deducted for a broken dish would be a deduction from NET pay, not a component of the calculation of his GROSS pay.

          Outside Salespersons who meet the criteria for exempt status are exempt from both the MW and the overtime provisions of the FLSA and the CA Labor Code provisions.
          http://www.dir.ca.gov/IWC/IWCArticle4.pdf

          So, it comes down to whether or not your commission agreement provides for such reduction of commissions AND whether or not CA law prohibits such offsets. You might want to read up on Commissions here (you'll have to do some searching):
          http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf
          Last edited by Pattymd; 03-15-2010, 07:20 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            thanks for info! I was really getting hung up on the waiter thing and not making a distinction between exempt/ non exempt.

            Comment


            • #7
              Originally posted by luckydogg View Post
              thanks for info! I was really getting hung up on the waiter thing and not making a distinction between exempt/ non exempt.
              The bigger difference is not having a compensation requirement at ALL for exempt under the Outside Sales classification.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X