Legal Question in Employment Law in California

Does a commission based job need a base pay

I work for a sell phone company and this is my only job and it had a base pay of 5.75 an hour/ or commission which ever you more of. But due to a co-worker lying about the hours she had work, no time clock manually wrote hours in, she was fired and base of 5.75 an hour was taken away. This is my only job an i was sick but i could not produce any sales with me being sick but had to be there for my scheduled shift, even though I worked a six hours shift many days I am not being paid for the time I was there working by cleaning the store and organizing other things. I need to pay rent and may not be able to do so because it it now purly commission based job, Can my job do that?


Asked on 3/25/00, 1:45 am

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Does a commission based job need a base pay

Your employer can establish your compensation on any basis, hourly, salary, commission, piece rate, etc. If you were employed in a sales position and performed your duties at your employer's place of business, you would be entitled to be paid at least the minimum wage for all your hours worked. If your were employed in an outside sales position, you would not be entitled to the minimum wage.

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Answered on 3/28/00, 2:02 pm


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