Legal Question in Employment Law in California
Labor Law
I am a w2 employee. ( Work for an insurance company ). I am working on average 55 hours a week and making about $200 a week. I am 100% commission. No base salary. I am also being charged an office expense for doing the job that they hierd me to do ( mail, charge for parking, ...)
Is it their right to:
1. Pay me less than minimum wage?
2. Charge me an expense?
1 Answer from Attorneys
You should not be paid less than minimum wage under any circumstances. Depending on whether your position is exempt or non-exempt, you may even be entitled to overtime if you are averaging 55 hours a week.
All necessarily incurred expenses in the performance of your job, must be reimbursed by the employer. If you incur parking charges meeting with customers, that should be reimbursed. If you pay for parking at your office building, it is not.
Keep accurate records of the hours you work and the daily tasks you engage in. Keep receipts of all expenses incurred and what they were incurred for. You will need these things if you decide to file a complaint with the California Labor Commissioner or hire a lawyer to sue the company in court.
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