The California Court of Appeal recently found that sales associates who get paid a percentage of sales or a guaranteed draw against earned commissions were not properly compensated for rest breaks and non-productive time, such as meetings and other activities. The Court found that employers who do this are violating California law, even if they pay employees a guaranteed minimum hourly rate as an advance on commissions earned in subsequent pay periods. That is, even if the average hourly rate is above the lawful minimum wage, the practice may still be illegal.
The law is clear. According to the Industrial Welfare Commission Wage Orders, as acknowledged by the Court of Appeals, employers are required to separately compensate employees for rest periods and non-sales activities. This is true whether you get paid by piece-rate or on commission or any other method where rest breaks and other non-productive time are not separately accounted for.
If you believe that your employer’s compensation scheme violates the law, you may be entitled to compensation. Please contact CounselOne today for a free consultation at 310-277-9945 or complete the form above to see whether you have a legal claim.
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Based in Southern California’s Beverly Hills, we serve clients throughout the United States. We focus on employment and consumer class actions, lunch break laws, unpaid overtime, unwanted telemarketing calls, unwanted robocalls in California. Your rights should be protected. We at CounselOne are committed to securing what you are rightfully due.
Our employment law attorneys in California handle most cases on a contingency basis. That means you don’t pay us a cent until we recover compensation for you. We have won millions of dollars in compensation for our clients, achieving recognition for our superior representation in the process.
At CounselOne, we believe that our clients deserve nothing less than the most aggressive, solution-oriented representation. Our experienced and expert employment law attorney California ensure that your case will always be in good hands.
We Give Individualized Attention To All Of Our Clients
We Are An Experienced Law Firm With 7 Figure Recoveries
We Focus On Consumer & Employment Law To Protect You