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11-21-2008, 04:36 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 1
| | | Rights to working
Wh I work for this company in California, and I work about 12 hours to about 14 hours a day. But I got my check today it was around 500.00 for two weeks. They started us on salary, then took away the salary put us commissions, and then they said they were going to put us back on salary and commission in January, and they keep cutting our pay, we used to get paid once a week then I was making $600 to $ 700 a week, and now that they bi-weekly in pay I'm only making $500 to $800 every two weeks. The company nation wide went to salary plus commission in November all except for California. I don't know what to do< and I don't think I'm getting paid what I should.
Last edited by m martin; 11-21-2008 at 05:53 PM.
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11-21-2008, 07:34 PM
| | Member | | Join Date: Jan 2006
Posts: 195
| | | The amounts that you listed seem to be way over the federal minimum wage. Is the minimum wage higher in California?
Unless protected by an employment contract or a collective bargaining agreement, or is the product of discrimination based on a protected characteristic, generally your employer can change your pay at any time for any reason. They can say you are making $45 an hour and actually pay you minimum wage. Its highly unethical and completely unprofessional, but as long as it isn't specifically prohibited - it is usually allowed.
Your recourse is to find another job.
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I am not a lawyer, this is not legal advice. Please consult an attorney for legal matters.
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11-22-2008, 10:05 AM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,162
| | | Yes, minimum wage is higher in California.
Additionally, only outside sales can legally be 100% commission under Federal law, and there are laws about how commissions can be paid. It is also illegal in most states, including California, to cut pay without prior notification. I would strongly advise this poster to contact the DLSE and review her situation with them. |
11-23-2008, 11:01 AM
| | Senior Member | | Join Date: Oct 2004 Location: Big City, MD
Posts: 3,821
| | | And here is the primary issues you want to discuss:
Are you exempt from minimum wage and overtime based on your job duties?
BTW, minimum wage in CA is $8.00/hr (I think it may be even higher in San Francisco) and the minimum weekly salary for exempt employees (except for outside sales) is $640 per week.
OP, what exactly are your job duties?
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What is the name of your state??????
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