Legal Question in Employment Law in California
working with out pay IS IT LEGAL?
My boss wants to have all the employees to work on comission,when he had already changed the pay twice before. It used to be $10/hr and then without notice $8/hr. And know he wants us to work 6days of the week from 12-8pm, is this legal?
2 Answers from Attorneys
Re: working with out pay IS IT LEGAL?
Wages and hours can generally be changed by employers on notice. You don't have to accept the changes, you can quit. However, hourly employees must be paid OT. 'Commission' basis implies you are a salesman who can be required to work substantial hours, as long as you end up making minimum wage. If you feel the rules are being violated, you could file a claim with the Labor Commissioner.
Re: working with out pay IS IT LEGAL?
Employers must guarantee that all employees make at least minimum wage. So it is not legal to work without getting paid. Also, notice of the change of payment must be provided in advance. It cannot be retroactively applied.
As for paying you on commissions, much depends on the type of work you do. Feel free to contact me or another attorney on this list for details.
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