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Commission Payment Disputes

OnDemand Webinar (91 minutes)

Sales commissions are a common source of legal disputes, which can become highly charged.Sales commissions are a common source of legal disputes, which can become highly charged. A substantial portion of a commissioned employee's income may turn on a few sales. If the employer is not clear on how a commission is calculated, who has earned it or when it was earned, the employer may be at risk if a dispute should arise. Disputes may involve such issues as whether an employee improperly took credit for a co-worker's activity, what rate is used to calculate commissions, whether the employer has treated commissioned employees fairly, and whether an employee who is paid by commission is protected under the Fair Labor Standards Act. This topic will help you avoid common situations that lead to disputes. You will learn what a commission is, and how to determine whether an employee who receives commissions is exempt from the FLSA. You will also learn how to draft a written agreement that clearly defines the terms that so often lead to disputes. The information will instruct you on techniques for expediting the resolution of any commission pay dispute that may arise.


Calvin R. House, Gutierrez, Preciado & House, LLP


What Is a Commission?

Employee or Independent Contractor?

Application of FLSA to Commissioned Employees

• Commissioned Employee Exemption

• Outside Sales Exemption

• Minimum Wage

• Regular Rate of Pay

Drafting Commission Agreements to Avoid Disputes

• Percentage of What?

• Whose Commission Is It?

• When Is a Commission Earned?

Resolving Commission Disputes

• Choose Arbitration

• Mediation

• Expediting a Lawsuit