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Commmission Only Service Employees in California

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  • Commmission Only Service Employees in California

    I can't find active posts regarding service positions paid by commission...looking for some answers

    I'm looking for clarification about commission only service employees e.g. plumbers, gardeners, mobile groomers, pest control etc.

    Are they considered "Outside sales" positions if they earn only a commission off their services sold/performed?

    In Ca, are they still guaranteed minimum wage for hours worked?
    Are there wage/overtime restrictions on working 10 hour days or more than 40 hour weeks (either or both?)

    How are daily clean-up/setup and meetings accounted for? Just a part of the regular expected duties?

    Does it change anything if the position is hourly vs. commission (whichever is greater)?

    I don't mean to be so broad in the questions but I can't really find too much regarding service type jobs that are "commission only" everything talks about Outside sales vs exempt, or independent contractor vs employee. I think I get those differences pretty well, all of these types of jobs/positions seem to be exempt employees for the most part, unless specifically paid by the hour or totally left to their own devices for their success (franchisee almost).

    Thanks in advance. There is so much great info on here!

  • #2
    Look at the CA-DLSE manual. I am in agreement that calling a service a "commission" does not legally make it so. It is very hard to get around MW/OT rules for anything other then bona fide Outside Sales.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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