Pay for a commission-based job depends on job performance rather than simply the hours you work. Jobs that offer this kind of compensation require a considerable investment of time, effort, and skill. Unfortunately, Atlanta wage disputes for commission-based jobs are common, as workers often face unpaid commissions or disagreements over when commissions have been earned.
If you believe you have received inadequate pay, you may have the right to recover the commissions you have earned. At Feldman Legal Group, Mitchell Feldman and our wage and hour attorneys have extensive experience taking on complex wage disputes and do not accept poor settlements. We are not afraid to litigate aggressively against some of the nation’s largest corporations and defense teams.
Common Reasons for Commission-Based Wage Disputes
Commission-based employees face different challenges from hourly or salaried workers. Many wage disputes in Atlanta arise over when and whether commissions must be paid for a job. Some common causes for wage disputes are:
- Failure on the part of the employer to pay commission after an employee resigns or is fired
- Unclear or unfair commission formulas
- Unreasonable delays in commission payments
- Improper deductions
Imagine, for example, that a salesperson closes a major deal worth $250,000 and resigns two weeks later. The company had promised a 10 percent commission on all sales, but now refuses to pay the commission, claiming that they only need to pay commissions to active employees. In this situation, the employee would likely have a strong claim for unpaid wages, especially if the written commission plan contained no restriction about only paying active employees.
How Laws Protect Commission-Based Employees
Georgia does not have a single law that addresses all commission-based employee pay, but state and federal laws grant workers important protections in several places. Contracts generally cover commissions, and if there is an agreement defining when commissions are earned, the employer must abide by those agreed-upon terms. Failure to meet the terms for a commission-based job in Atlanta could constitute a breach of contract and provide grounds for a wage dispute.
State law addresses the rights of wholesale sales representatives in Georgia Code § 10-1-702. When a commission-based employee is terminated, the employer must pay them all owed commissions within 30 days. If an employer fails to pay, the worker may seek the owed amount and damages up to double what is owed.
The federal Fair Labor Standards Act (FLSA) also protects workers, addressing several topics such as minimum wage, overtime, and the recordkeeping responsibilities of employers. Employers are required to pay their workers at least the minimum wage and may be required to pay any difference if a non-exempt employee’s commissions do not meet the minimum wage. The FLSA also provides that non-exempt employees must receive overtime pay when they work more than forty hours in one week, unless an exemption applies.
Call an Atlanta Attorney for Help With a Commission-Work Wage Dispute
Atlanta wage disputes for commission-based jobs can be complex, so having experienced counsel from Feldman Legal Group and Mitchell Feldman could be key to recovering your earnings. We thoroughly investigate the details of your case, including employment contracts, commission formulas, payment history, and company policies. We provide aggressive representation in negotiation, never ask you to settle for less than you deserve, and are always prepared to litigate in court to hold your employer accountable for their misconduct.
If you are dealing with unpaid commissions, late payments, improper deductions, or any other wage dispute related to commissioned work, contact Feldman Legal Group and Mitchell Feldman for help. We understand the challenges commission-based workers face and are ready to help.
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