Legal Question in Employment Law in California

I am an inside sales person that is making commission only. I am not receiving any salary or hourly wages. There are some pay periods where I do not even get a check. Is this legal? I have read that I am required to get at least minimum wage if I am working inside the office. Any help would be appreciated.


Asked on 4/04/11, 12:52 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You are correct. You may consider filing a claim with the Labor Commissioner for unpaid compensation, interest and penalties. You may instead file a civil suit for your remedies, if the amount in question makes it economically reasonable to do so. You may hire an attorney wither way, and if successful may recover your attorney fees. If serious about doing so, feel free to contact me.

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Answered on 4/04/11, 1:00 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It wouldn't matter if you were inside sales or outsides sales; exempt or non-exempt. Nobody works for free. You must be paid no less than minimum wage for your time. You should be keeping accurate track of your time since they probably are not. Either consult with an employment law attorney for assistance or file a wage claim with the Division of Labor Standards Enforcement.

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Answered on 4/04/11, 1:07 pm
Aryeh Leichter Leichter Law Firm, APC

If you are an employee and not an independent contractor, you are correct that you must be paid at least minimum wage for all hours you work. Please give me a call at 213-381-6557 or send me an email at [email protected] if you would like to discuss the matter further.

All the best,

Ari Leichter

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Answered on 4/04/11, 1:11 pm


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