Can employer hold back commision from a base pay?

I am paid a base pay plus commision. My contract reads I will recieve a base pay of $500.00 plus commision. When I sell something and process the paper work I get all the commision in my next pay cycle. If I get a job that isn't installed for whatever reason the company will take the commision back. My question; is a company able to charge back my base pay, if there is no commision earned? Even to a point where I am now earning below minium wage or nothing at all.

1 answer  |  asked Sep 18, 2003 07:55 AM [EST]  |  applies to Massachusetts

Answers (1)

Judith Miller
comission pay

In order to answer the question, I would have to review the specifics of your commission plan. Having said that, in general, a company can provide that returns or sales that do not go through can be charged back to the employee and deducted from their future commissions. With regard to minimum pay, in general, an employer is required to pay employees at least minimum wage, however, there may be exceptions to this rule depending on the relationship created between the employer and the sales person.

posted by Judith Miller  |  Sep 18, 2003 09:25 AM [EST]

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