What is the name of your state (only U.S. law)? California
Our sales people make a few large sales a year, on which we are paid a commission. We are paid monthly. Assuming we make 3 sales a year in 3 different months, that would leave 9 months in which we make no commission. In order to conform to minimum wage laws, our employer therefore pays us a "draw" in those 9 months.
My question: If we get a commission check in, say, April, can we be required to pay back our entire draw for January to March? It seems to me that we should be paid at least minimum wage for those months, regardless of the fact that we will be making far in excess of the MW in April.
The way this works is that a commission is calculated and circulated to the sales team, and all team members sign off on the amount. Management then deducts the entirety of the owed "draw" from the agreed-upon commission before paying it out.
We are of course all w-2 employees.
Thanks in advance for any tips.
Our sales people make a few large sales a year, on which we are paid a commission. We are paid monthly. Assuming we make 3 sales a year in 3 different months, that would leave 9 months in which we make no commission. In order to conform to minimum wage laws, our employer therefore pays us a "draw" in those 9 months.
My question: If we get a commission check in, say, April, can we be required to pay back our entire draw for January to March? It seems to me that we should be paid at least minimum wage for those months, regardless of the fact that we will be making far in excess of the MW in April.
The way this works is that a commission is calculated and circulated to the sales team, and all team members sign off on the amount. Management then deducts the entirety of the owed "draw" from the agreed-upon commission before paying it out.
We are of course all w-2 employees.
Thanks in advance for any tips.
