Legal Question in Employment Law in California

I get paid commision paid per call but on our checks and paystub says hourly I work 12 hrs a day 5 days a week on paystub says we get paid min.wage at 8/hr 80 hrs a wk then a bonus if we made more. Then pays half check half cash. And the company does not offer benefits. is this legal


Asked on 2/06/12, 9:20 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

No. If you are shown as hourly on the company records and documents, those can be used to disprove the commission only claim. If so, then you are to be paid OT for anything over 8/40. If you have time records or other means of proving your time, you could file a claim with the Labor Commissioner. Tell them the full story, and seek your unpaid compensation. You are entitled to hire and attorney, and to receive your attorney fees if you win a contested hearing. If serious about hiring counsel, feel free to contact me.

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Answered on 2/06/12, 1:22 pm


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