I work Roadshows for timeshare exit company, I am paid straight Commission employee, but but Taxes are taken out of my check-california, there have been weeks I have received no check, am I supposed to get hourly if I don’t have any commissions at all? I’m paid from California taxes but I work for a company out of Spring Texas,
Hi Jeremy,
Your question is a bit complicated for the purposes of this forum, and I’m not sure I can provide a complete answer without more information. You mentioned that you work roadshows, which makes me think you probably travel a lot for work. Is all or most or your work performed in California? Do you spend more than half of your work time away from your employer’s business? During the pay periods where you receive no check, did you work any hours? Do you perform any work other than selling timeshares? If so, how much of your time is dedicated to that work?
In general, employees that work in California are entitled to be paid at least minimum wage in each pay period. There are, however, several exceptions to this rule. Employees that are subject to one or more exceptions to California’s wage and hour rules are called “exempt” employees.
In your case, it sounds like you might be subject to the outside salesperson exemption. “Outside salespersons” are excluded from minimum wage and overtime laws. The outside salesperson exemption applies to employees who:
- Are at least 18 years old,
- Spend more than half their work time away from the employer’s place of business, and
- Earn commissions from sales of products, services, or use of facilities.
The employer’s place of business is any business location maintained by the employer, not just its principal place of business or administrative headquarters.
Unfortunately, without more information, I cannot know with any certainty whether you fall under this exemption (or any other exemption for that matter). My best advice would be to discuss this matter with an employment attorney.
In any event, I hope this information helps. If you would like to learn more about exemptions to California’s wage and hour laws, check out our article on the topic: Exempt vs. Non-Exempt Employees: Guide to California Law.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!