Legal Question in Business Law in California
Commission Only Sales - Mileage and Draw
I held a commission only sales job for the past year and I want to find out if my former employer is responsible for paying me mileage. If so, I never received anything - only minimum wage which they considered a draw. I was instructed that CA Law stated they had to pay me minimum wage if my sales did not meet a specific amount in 1 month. However, any draw that was paid in a bad month was deducted from my commission in my next good month. This in my opinion is no longer considered salary, as they put it, since they take the money back the next month. Is this legal and how do I get compensated for mileage?
1 Answer from Attorneys
Re: Commission Only Sales - Mileage and Draw
File a claim with the Labor Commissioner and they can order payment if you are entitled. You should consider hiring counsel if the company fights the claim and takes it to hearings.
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