News & Analysis as of

Employee Rights Sales Commissions

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Littler

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

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A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

Littler

California’s Newest Laws: It’s Shocktober for Employers!

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The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year. In his last hurrah, Governor Brown has signed into law a jaw-dropping number of...more

Foley & Lardner LLP

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

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Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Cooley LLP

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

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The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Manatt, Phelps & Phillips, LLP

Employment Law: August 2014

California Supreme Court Weighs In On Commission Wages - Why it matters: Employers in California that pay commission wages should familiarize themselves with a new decision from the California Supreme Court limiting...more

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