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Vacation Pay when on Commission Pay Illinois

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  • Vacation Pay when on Commission Pay Illinois

    My question is, if an employee is on Commission Pay instead of hourly pay does the company owe them a paid vacation? Is there any IL Labor Laws that address this issue. The reason I ask is the company I work for just recently switched several technicians, who were hourly pay to commission pay. They were told though that they would still get their vacation pay and it would be based on the average hours they work. Now however a technician has taken their vacation time and only got paid 80% of there average hours worked. The tech ofcourse addressed this with the Human Resources department and all they could say is this is how it has always been. The tech did respond back that this is not what the technicians were told from the owners of the company a month ago when the whole transaction took place of hourly to commission pay. Can you provide any info on what IL labor Law states?

  • #2
    No law requires paid vacation and the employer can basically set the rules. Sorry.
    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
      Just to make Patty's point clearer, no law in any state requires ANY employee receive paid (or unpaid) vacation - we're not talking about only commissioned employees.

      It's entirely up to the employer which classifications of employees get vacation and which don't.
      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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      • #4
        However if the employee handbook states employees will be given a one week paid vacation after two years of service, does the Employer have to honor this? They have not changed the Employee Handbook stating this policy since the change of technicians going from hourly to commission.

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        • #5
          To interpret the situation literally, you are getting paid vacation, it's just at 80% of your hours instead of 100%.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Basically there is nothing the technicians can do about what the company is doing to them. I am not the employee, who is effected by this but since I am a manager of a department here and knew about this site, I figured I would ask for the techs.

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            • #7
              Well, they could always quit. Honestly, though, what the employer is doing is not illegal.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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