Legal Question in Employment Law in California

I am an inside sales, 100% commission only employee in the state of CA. My company just announced that, as a "gift" they are going to be paying me for PTO in 2011. I have worked for this company for 4 years and have not been paid for PTO or overtime. My question is: As a 100% commission only employee, do I have the right to go back and ask my employer for PTO for the last 4 years they have denied it to me? Thanks!


Asked on 12/23/10, 11:45 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

No. It isn't something you were ever 'entitled' to. Be happy with the new 'gift'.

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Answered on 12/28/10, 12:49 pm

There is no legal right to PTO. It is, in fact, a gift.

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Answered on 12/30/10, 5:37 pm


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