See Sciborski v. Pacific Bell Directory (2012) 205 Cal.App.4th 1152, 1168 [« If a deduction is « unforeseeable and without regard to whether the losses are due to factors that were not under the worker`s control, » an employer « cannot help but avoid finding that its [sales commission policy] is illegal simply by asserting that the deduction is only one step in its calculation of commission revenues. » A commission? A « commission » is a payment that varies in proportion to the value or number of units sold. Commissions earned are a form of salary. Once earned, salaries cannot expire. The definition of a « earned » commission also affects when a commission must be paid. Commissions earned must be paid with the next regular paycheck. Commissions earned are due with the last paychecks, as well as paid leave and leisure are due to employees who leave the employer with their final salary. It is therefore imperative that commission agreements explicitly specify when commissions are paid and paid. If a California employee`s compensation is wholly or partially based on commissions, the compensation agreement must be in writing in accordance with California law14 The agreement must specify how commissions are calculated and paid.15 In all cases, the commission agreement must state when and how a commission is earned. Commissions earned must be paid in accordance with California law.25 If any of these rules are not followed, beauticians are not considered to be paid on the basis of commissions for legal reasons.
Instead, they would most likely be considered piece-employees and subject to a number of other legal provisions.96 For example, an agreement could provide that commission will be earned when a customer makes a contract of sale to purchase goods or services. Under California law, the definition of wages includes sales commissions.20 Wages earned must be paid.21 California also exempts employees covered by the « mandated sales » exemption. This exemption applies to employees who: if a commission contract terminates and the employee continues to sell, the contract is deemed to remain in effect. In other words, the employer must continue to pay commissions, as provided for in the contract, until a new contract is concluded or the employment relationship is terminated.19 There are, however, limits as to the type of conditions imposed by the courts in a sales commission contract. . . .