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    Hello, I am in California and I have a problem. I recently accepted a position with a company as an inside sales representative. I worked there for approximately 14 days. During that time I was being trained and also handling inbound/outbound calls selling a product.

    At my time of hire, I was told by the interviewer that the position would pay me a base salary (non-exempt) of $2000 per month plus commission on products or services sold.

    WELL... pay-day came along and a check was not distributed to me. I went to my supervisor who claimed that it was an error with payroll and that they had accidentally entered me as commission only (and I hadn't earned any yet, the sales cycle is several weeks to months). They assured me that a check would be cut for me the following day. The following day they claimed that the check was cut but that they had to wait for the owner to come back from vacation to sign it. Well to make a long story short (or shorter ) a week went by with various excused coming up. Finally the owner returned and I asked for my check. At that time they said that after speaking with the owner, they realized that a mistake had been made during my interview and that I was actually a commission only employee (which I never would have agreed to).

    So to sum it all up, I was told by the owner himself that I am SOL and that the hiring manager screwed up... isn't there some law that will protect me? I worked for about 3 weeks for nothing. Of course when I was told that I asked one more time for my check and they refused so I resigned.

    Any help would be greatly appreciated.

    Thank-you

  • #2
    Unless I'm missing the boat here, the only type of salespeople who are exempt from the minimum wage laws under the federal Fair Labor Standards Act are outside salespersons. I don't see your position meeting the criteria for the Administrative exemption either, and you definitely wouldn't qualify under the Executive exemption.

    So, that means that you must be paid at least minimum wage for your state.
    You can file a claim for unpaid wages with the Division of Labor Standards Enforcement. I'm sure Michael (mtracy) will correct me if California is different.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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