There are many different careers that provide both a wage for an employee, alongside commission or other benefits. If these commissions have been agreed by contract, it is against the law for an employer to withhold the commission amount of the benefits earned without a legitimate reason. If an employee has their commissions or benefits withheld by their employer, they should contact an experienced attorney in order to file a claim to receive the money owed.
We have a highly experienced and well trained group of employment lawyers available to help advise employees within the first stages of placing a claim, as well as offering continued support throughout the unpaid commissions lawsuit.
An employer has to pay the agreed commission or bonus to an employee, if they have completed the necessary work, as agreed, for the commission. If your employer does not, this can result in a claim being made and a lawsuit filed. However, if an employee is unable to carry out the works required in order to be paid the commission or bonus, the employer has the right to withhold extra pay.
At the time of contract termination or resignation, the employer must pay all wages, commissions and bonuses owed to the employee within 72 hours. If the amount owed is not paid within the time frame, an employee may be entitled to ‘waiting time wages’ while they wait for their pay. ‘Waiting time wages’ are equal to the wages an employee was paid per day while working for the employer or company, and these are paid for a maximum of thirty days.
DETERMINING TIME AND WORK
During a shift that is five hours or more in length, an employee is entitled to an uninterrupted meal break of no less than thirty minutes, and during a shift that is ten hours or more in length, an employee is entitled to two uninterrupted, thirty minute meal breaks; however, an employee can opt not to take the lunch break if their shift is less that six hours in length, if agreed with their employer. California Law states that an employee is entitled to a ten minute rest break for every four hours of a shift that they work. California State Law also states that for every hour worked over the limit of 8 hours per day, or 40 hours per week, an employee is entitled to further pay. If their working day exceeds 12 hours, then they are entitled to double time. Double time also applies if an employee works for four consecutive weeks, without a day off or holiday.
An employee’s wages are due every 15 days, unless otherwise stated and agreed in a contract. If an employee’s contract is terminated, all of the wages due to them must be paid prior to the date of the termination; this will include wages for their regular hours and all overtime worked. Similarly, if an employee resigns through the correct procedures, the employer has to pay the individual’s wages within 72 hours of the resignation. All of these can alter the amount of pay due to an employee and should be taken into consideration when calculating the wages owed.
Depending on the extent of the case, some unpaid wage complaints are handled by a Labor Code Violation Representative rather than by a lawyer. For small amounts of wages owed, an employee should contact a labor code violation representative in the first instance. If the amount owed is extensive and exceeds one thousand dollars, the employee should consider contacting a trained and experienced lawyer for advice and support.
An employer is not allowed to terminate an employee’s contract for placing a claim for wages, or commissions, owed to them. If an employer decides to terminate the contract for this reason, another lawsuit can be placed which could result in the employee being paid compensation for damages caused. However, employers are likely to be discreet in their decision to terminate a contract for this reason, and will instead place the blame on the poor work or unreliability of the employee. For this reason, it is recommended that an employee contacts an employment lawyer for further information and support.
Call us now and speak directly with an employment lawyer who specializes in unpaid wages at 1-559-478-8826.
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