Legal Question in Employment Law in California

I am an employee based in California that works from home. I constantly work more than 40 hours per week averaging at least 60 hours. I am an outside salesperson that gets a base salary plus commission, but spend less than P of my time traveling. Am I supposed to be receiving overtime pay?

Also, my employer has been paying me on the first of every month once a month. I understand that I am supposed to be paid bi-weekly. For example, my base salary for time worked in March will be April 1st. Another issue is that my commission earned in March will not be paid until May 1st. Is this legal?

I am interested in learning more about starting a case. Thanks


Asked on 3/23/15, 8:57 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

It is not possible to tell from your answer whether you fall within the exemption for overtime that applies to certain commissioned and/or salesperson positions.

I see no reason, however, why you are paid only once a month. There appears to be no exception that rule for salespersons like you.

You need to meet with a plaintiff-side labor lawyer as to your rights, and whether filing any type of action or grievance against your employer makes sense. There is lots to think about, and more to pursuing a claim than meets the eye. There are a number of us on LawGuru who may be able to assist you, and I suggest you start actively looking for counsel if you are serious about this.

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Answered on 3/24/15, 12:47 am


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