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

Announcement

Collapse
No announcement yet.

Investment Sales Rep working for bank w/ no minimum pay? California

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

  • Investment Sales Rep working for bank w/ no minimum pay? California

    I have been working for a regional bank as a licensed investment executive since late last year. I was given a "draw" of $2500/mth for the first 6mths. In my contract it states that upon completion of the 6mths they would then deduct money from future commissions to recoup their $15k. Now I have hit a point where they are taking all of the commission that I am earning to pay back that draw and not giving me any pay at all. I am a storefront sales person (not outside sales) as 99% of my time is spent in the branches I cover (M-F 9am-5 or 6pm). It has been over a month now with no pay at all.

    I am wondering if there is some CA labor law against a totally commission only position that is not "outside sales". I feel that I am getting screwed but do not know the labor laws well enough to call them on it.

  • #2
    I am going to assume that you are physically working at the office. That your physical body is in a physcial building. Correct? I understand that you are probably making phone calls or doing something on the Internet, but the law does not care about these things. Just where your physical body is when you are working.

    If so, then unless your employer can claim that you are really management (supervising 2 or more FTE) or really skillled administration (as in not selling stuff), then you are legally a non-exempt employee who almost certainly must during each and every workweek without exception must be paid at least $8/hr for all hours worked in the workweek. Plus overtime if applicable. You would file a wage claim if this does not occur.

    There are a fairly huge number of possible exceptions, but if you are really selling "stuff" while physically in a bank, none of them are applicable to your situation (other then the Executive and Administrative exceptions I previously mentioned). File a wage claim with CA-DLSE for any unpaid minimum wage or overtime.
    Last edited by DAW; 08-12-2010, 05:03 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      I work in the bank branch and all of my work is done within the bank branch. I sell investment products and services but am an employee of the bank branch. I do not manage anyone and my ONLY job goal is to sell. Therefore I do not believe that I would fall under that Admin or Manager exceptions. I do have a couple of questions:

      1) Would I include drive time to and from work on this if I commute a certain distance? For example, I drive 50miles each way to my branch. Would note my time of work from the moment I leave for work or would it start from the moment I walk in the branch to "clock in".

      2) When I do file a wage claim, does this require me to hire a lawyer or is it a simple claim form that is handled between the bank and the labor board? I know you cannot reccomend lawyers, just curious if I need one or if you would suggest hiring one in this case is important or unnecessary?

      Thanks

      Comment


      • #4
        Commute time is not compnsable. You do not need a lawyer to file a claim.

        http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

        Comment


        • #5
          Agreed. .....
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Thank you both for your replies...I have a follow up question that is somewhat the same but a little different situation.


            When I worked for a different bank about a year ago I had spent about 4years working as an hourly employee and had accumulated about 160hrs of vacation time. I then was "promoted" to an inside sales position as an investment executive. The bank took away my vacation time and said that they dont have to pay it out since I accepted a position that does not have vacation time, so they just wiped it away. I then quit about 2yrs after that happened and never got any payout at all for it. At the last time I was hourly I was earning $15.50/hr. In CA, can they really take away that vacation time and never honor it via a final paycheck or anything like that even those I was inside sales, not outside?

            Comment


            • #7
              Also, is there some way to post or reference the exact location in the CA Labor Code of the wordage that involves my initial post on this thread? It is such a large document, I would appreciate if someone could show me where exactly it is worded involving inside sales reps getting paid at least minimum wage?

              Thanks

              Comment


              • #8
                Originally posted by ajd1083 View Post
                Also, is there some way to post or reference the exact location in the CA Labor Code of the wordage that involves my initial post on this thread? It is such a large document, I would appreciate if someone could show me where exactly it is worded involving inside sales reps getting paid at least minimum wage?

                Thanks
                The flaw in your question is the assumption that the government must specifically mention "inside sales". They do not. The minimum wage rules apply to everyone until/unless an exception can be supported. And it is your personal problem to find the exception, not for the government to prove that no exception exists.

                Sort of like you claiming that anyone you owes you money unless they can find a law to the contrary. Since no such law exists, that must mean that everyone owes you money, right?

                CLC 1182.12. Notwithstanding any other provision of this part, on and after January 1, 2007, the minimum wage for all industries shall be not less than seven dollars and fifty cents ($7.50) per hour, and on and after January 1, 2008, the minimum wage for all industries shall be not less than eight dollars ($8.00) per hour.
                http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Originally posted by ajd1083 View Post
                  The bank took away my vacation time
                  Vacation is legally vested in CA. The employer cannot legally forfeit vacation once earned. File a wage claim.
                  http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  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