The California Labor Code requires that all employers pay you all your earned wages on your last day of employment, or within 72 hours (depending on whether you gave notice). Cal. Labor Code § 202. Commissions are included in the definition of wages. Cal. Labor Code § 200.
If you left a job and it took weeks or months to get your last commission check, you may be entitled to financial compensation for these abusive wage practices. This applies regardless of whether you were terminated, workforce-reduced, laid-off, or quit voluntarily.
California Labor Code Section 203 states in part:
“If an employer willfully fails to pay . . . any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days.”
In other words, if it took 30 days or more to get your last commission paycheck, you could be entitled to up to 30 days’ worth of pay. Even if it was only a couple weeks, you may still be entitled to compensation for that time. And we believe that your daily “rate” should include base salary, commission, and any other income you received.
The Labor Code also sets deadlines for commission payments during the time you are employed, and there are penalties for delays in those payments as well.
Of course, big tech and other companies have the resources to hire attorneys to try to get out of paying commissions to their employees. That’s why you need experienced attorneys to help you navigate the complex set of laws that apply to commission payments and the timing of those payments.
If you believe you have been a victim of this type of practice, the attorneys at FDAzar are ready to investigate you claim. The attorneys at FDAzar have been fighting for sales people in California for years. We have the experience, resources, and the track record to go up against the biggest companies and win. We have already helped change commission payment and other wage and hour practices in some of the largest companies in the world.
You should not have to wonder about when you will get paid. The California Labor Code contains some of the most employee-friendly wage statutes in the country. These employee-friendly wage statutes are designed to protect you from being underpaid for your hard work. When you go to work for a company, your employer has a responsibility to make sure that you are compensated for your hard work in a timely manner.
If you sell products or services and receive a commission for this work, California law requires that you get paid in a timely manner. It doesn’t matter if your company calls them commissions, incentives, sales compensation, or something else: if a company promises to pay you variable pay based on the dollar amount of sales that you make, it is likely a commission under the law. If you believe you received your commissions late, or never received them at all, you may be entitled to monetary damages. You could not only get compensated for the delays in your payments, you could help other employees to get compensated and change the way these companies operate.
We aim to bring positive change to the entire industry. By working together to hold these companies accountable, we can help ensure that in the future, all employees are paid for their hard work on time and in full.
The dedicated class action department of FDAzar fights to ensure that companies comply with the law. Class action cases are designed to help groups of people who have all been harmed in the same way to enforce their rights, especially when it may be too expensive for a single individual to go after a big company. Not only can class actions help individuals obtain the compensation they have earned, they can change the way companies do business, stop illegal practices, and protect everyone’s health and well-being.