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Wage Claim against mortgage firm

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  • Wage Claim against mortgage firm

    Hi everyone. I am a rookie to this forum so please bear with me.

    I was employed by a mortgage brokerage firm for about 6 months and was never licensed. I began at $15/hour but soon gave into a commission only offer from the broker without a base pay. My normal duties were to telemarket. I did close a deal and was paid through 1099.

    After leaving the firm I was told that unlicensed real estate agents in California HAVE to be paid as W2. Also, it has come to my attention that unlicensed agents HAVE to be paid hourly (at least minimum wage) and any funded deals are bonuses not comission.

    Does the Department of Real Estate have any laws against mortgage brokerage companies compensating their UNLICENSED agents through 1099?
    Do unlicensed real estate agents have to be paid at least on an hourly basis?

    I have filed a wage claim with the Labor Commissioner of my county and I am going to try re-gain those regular and overtime hours that I put in and was never paid for. I do understand that I will be deducting my one funded deal from the wage claim but there are still $15,000 in unpaid wages over a 6 month time period. Any comments, opinions or knowledge will be greatly appreciated. Thank you for your time and happy holidays.
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