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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
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
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 22, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Calvin R. House
Gutierrez, Preciado & House, LLP
Calvin House
- Partner in the Pasadena, California law firm of Gutierrez, Preciado & House, LLP, where he defends and counsels employers on employment law matters
- Previously practiced at Cravath, Swaine & Moore in New York and in the Los Angeles office of what is now Norton Rose Fulbright
- Tried scores of employment cases to federal and state juries and judges and administrative tribunals
- Conducts regular seminars and workshops on such employment law topics as wage and hour requirements, mandatory leave statutes, reasonable accommodation of disabilities, discrimination, harassment, and wrongful termination
- Member of the prestigious American Board of Trial Advocates and has achieved the highest rating in the Martindale-Hubbell Law Directory
- J.D. degree and B.A. degree, Columbia University
- Can be contacted at [email protected] or 626-449-2300
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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