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Never paid for work done on travel California

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  • Never paid for work done on travel California

    I recently left my sales job in California. I was a commission only inside-sales person with no base salary. During my employment, I was required to travel for the company to attend and work at tradeshows, but the company did not pay me for the time I was out of the office. Is this legal?

  • #2
    Probably not. There legally is no such thing as commission only inside-sales. There is one set of rules for those people doing inside sales for a Retail Establishment and a second set of rules for inside sales at a non-Retail establishment. That is actually your major issue. I am going to include the rules to the Retail Establishment. The non-retail establishment rules basically require that the employee be paid at least minimum wage and overtime for each and every workweek. This would include hours legally counted as travel time.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

    Your second issue is in the DLSE Policies and Interpretations Manual.
    http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf

    46.3 Extended Travel Time. The California rule requires wages to be paid for all hours the employee is engaged in travel. The state law definition of “hours worked” does not distinguish between hours worked during “normal” working hours or hours worked outside “normal” working hours, nor does it distinguish between hours worked in connection with an overnight out-of-town assignment or hours worked in connection with a one-day out-of-town assignment. These distinctions, and the treatment of some of this time as non-compensable, are purely creatures of the federal regulations, and are inconsistent with state law. (O.L. 2002.02.21).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks.
      For clarification, I was paid a weekly draw against quarterly sales commissions. At the end of each quarter I was paid the difference or charged back what I didn't cover from the previous quarter.

      I worked at this company for 5+ years and travelled all over the county to represent the company at the various tradeshows that they exhibited at. I normally travelled about 18 times per year for 1 to 4 days at a time. I was also required to travel on weekends. I told them that I thought they should pay me for this travel and they said no.

      I am thinking of contacting a laywer, but I am not sure.

      Any ideas on who I should contact?
      Last edited by CalSalesGuy7; 02-11-2008, 08:17 AM.

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