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Paying Vacation Commission Sales Rep California

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  • Paying Vacation Commission Sales Rep California

    Our corp office is located in Kentucky however we had an employee residing in California who was an outside sales rep who was paid a salary of $500 monthly and a $2000 draw against his commissions. Upon his resignation he was paid four weeks of accured vacation based on his salary amount of $500. He is now asking that we pay him the additional $2000 that was his draw because that is what his normal checks were. I've searched every California Labor Law and cannot find anything that states draws against commissions should be paid as normal wages earned.

  • #2
    Inside sales or outside sales?

    Also, what state was the actual work done in?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Our corp office is located in Kentucky however we had an employee residing in California who was an outside sales rep

      The former employee resides and worked in California

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      • #4
        CA labor law is mostly based on where the work was done, not on where the employee lives, and certainly not on where the company headquarters is based. So, since the employee is actually working in CA, then CA labor law is applicable (as is federal labor law).

        No inside sales labor means under federal law, no minimum wage or overtime requirements. Outside sales is more then just words. There are actual rules that have to be followed for the federal provisions on outside sales to be applicable.
        http://www.dol.gov/whd/regs/complian...tsidesales.htm

        CA vacation law is exactly the same for outside sales as it is for anyone else.
        http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

        Which leaves the rather complicated CA commission law. It is easiest to just download the CA-DLSE manual and read the related chapter.
        http://www.dir.ca.gov/dlse/Manual-Instructions.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          As a commissioned sales person who also received an hourly wage, I was paid vacation hours at my regular rate of pay. This was calculated by total compensation divided by total hours worked during the week as outlined in section 49.2.1.2 of the DLSE manual.

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