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Commission only employee work hours / Draw against commission I am very confused

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Annodd

Junior Member
What is the name of your state?:confused: What is the name of your state? California


My company recently changed us from hourly plus commission to commission only employees with a $500 per week draw. We are responsible to pay back 20% of our commission towards the entire draw until any outstanding amount is satisfied. We were told that we were to work from 8am to 5pm M-F as a condition of the draw and that it can be taken away of we do not comply. Is this legal?
I thought that since the draw is to be paid back and we are commission only employees that we can work our own hours. Please help there are many of us who are confused. Also we were not given anything in writing explaining the commission and draw should'nt this be available upon request?
 


pattytx

Senior Member
Just because you are commission-only does not exempt you from following the employer's requirements as to working conditions, including hours of work.

Regarding the commission plan, of course it is advantageous to have it in writing; however, companies are not required by any law to document hardly anything, even compensation design.

You said they were previously paying you hourly, which is really only done for nonexempt employees. In conjunction with this compensation change have they also reclassified you as exempt? The answer to this question may have a bearing on the issue of withholding your draw.

Would it really be all that big of a problem to just work the hours they're requiring? It's 40 hours per week and what most people who have a regular job work.
 
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