Legal Question in Employment Law in New Jersey
employment commission
Can an employer who pays a draw with commission, hold the commission to pay possible months where no commissions may be made? I recieve a monthly draw that is deducted first before I am paid commission. Now, my employer wants to hold my commissions to pay me when the months of Jan or Feb. have no sales-it sounds to me like he wants to use my earned commission to pay my draw during those months. thank you. Mary
1 Answer from Attorneys
Re: employment commission
Your NJ employer must pay you everything that you have earned at least as often as twice each month except that executive employees can be paid monthly. There are certain exceptions but only if the employee consents to the withholding.
If you are having trouble collecting what is due from your employer, call or email. My firm handles matters of this type.
See also: http://info.corbettlaw.net/lawguru.htm