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Commission Only? California

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  • Commission Only? California

    I work for a realty company in their loan mod department. i call people in the area and try to get them to come in to help the sign up for the HAMP government program. People dont listen to me and it's very hard to get people in. I would'nt mind my job but i only get paid commission. I call hundreds of people a day for no pay. in my interviw i was tolled after 2 weeks i could choose between commission or hourly. the next day another girl who they also hired asked about it, and my boss said if you don't bring in clients why would i pay you hourly. next i signed a paper that said i would get paid $100 for every client that i brought in. but befor i sighned it my boss crossed out 100 and changed it to 150. the other girl being smart quit. i stayed as they hired people and watched those people quit. after working for no pay for over 2 weeks i got a client in, but i didn't get paid for over a week, and he only gave me 100 but not in a check in cash. is it leagle the way things are being run?

  • #2
    You're working inside sales, and outside sales is the ONLY position which allows for "commission only" without regard to hours worked. Here are the requirements for the outside sales exempt classification.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    As a nonexempt employee, therefore, you must be paid at least minimum wage and overtime as required by California law. If your commission, divided by your hours worked for the workweek, do not equal at least $8.00/hr, the employer must make up the difference.

    Here are the OT rules in CA.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm

    Do you turn in a time sheet or otherwise report your hours worked to the employer? If not, if you aren't already doing so, keep your own record of your hours worked by day and by workweek (the definition of workweek is in the Overtime FAQ above).

    Perhaps ask HR or the owner/manager how they figure you meet the criteria for outside sales. Or just file a wage claim with the DLSE.
    http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

    How long has this been going on?
    Last edited by Pattymd; 09-01-2010, 11:56 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      thank you soooo much this information is golden! and i've been working there for a little over a month. and i hate to ask another question but my boss can't fire me for bringing this up right?

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      • #4
        Check back for confirmation, but I don't think so, in California (some states, wouldn't consider this as "whistleblowing", but I believe California provides more protection).

        However, if you file a wage claim, that would definitely be protected. If he finds a trumped-up reason to fire you anyway, the timing would be such that the termination would be suspect at worst, and a wrongful termination action at best (for you).
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          While I do not disagree with anything Patty said, I will point out that wrongful termination claims are never a sure thing. And some types of claims are much less likely then others. Maybe CA will regard your talking to your supervisor to be covered by the Public Policy exception to Employment At Will. (I do not see how that is whistleable). Maybe the government will not believe the employer, who will likely say that the termination had nothing to do with you talking to your supervisor. Assuming that they even admit that the conversation every took place. One advantage of filing a wage claim is while that is also not a sure thing, it is less "iffy" then a "they fired me for talking to them" claim.

          Also, filing a wage claim is something that you can do by yourself. A wrongful termination claim for a Public Policy exception is very much a 'talk to an attorney" type of thing.

          File the wage claim. If the employer is a turkey, start looking for a new job NOW. But this "commission only" nonsense is very settled law.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            17.9 State Whistleblower Statute. Labor C ode ยง 110 2.5 protects employees who disclose
            information to a governmental or law enforcement agency where the employee has
            reasonable cause to believe that the information discloses a violation of state or federal
            statutes, a violation of state or federal statutes, or noncompliance with state or federal
            regulations.

            As an aside, the last time I heard the word "whistleable" used was in reference to the musical piece Flight of the Bumblebee.

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            • #7
              If you do not keep using words, they die from neglect.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Right, you are. I shall endeavor to invite you to my next ceilidh. Afterward you will find that I'm quite a shanachie. Perhaps we could also retire to a local bistro and uitbuiken?

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                • #9
                  Worriedspouse, I think I love you.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    Oh, CBG

                    I am fairly sure that you are a philalethist so I must go on. It would appear that you are on the verge of anaxiphillia. While you may be experiencing incalescence you must know that I'm an eleutherpphillist. I'm also a lebensabschittsgefahrte. I have no amomaxiaphobia. While the limerance is a wonderful experience, we may be mamihlapinatapei. While I'm undoubtedly a logophile, I'm also logastellus. I have never been known to be noeclexis. Should this continue, I'm sure that the spouse that, as my name implies I worry about, will become anteric. In closing, I'm positive that some of the posters in this forum would accuse you of being a philodox. I assure you that I, for one, am not among them.

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                    • #11
                      Now I know I do.

                      You win.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment

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