Hourly employees in California have always been entitled to a 10-minute paid rest break for each 4-hour period worked (sometimes less). Unfortunately, California commissioned employees are often denied paid rest breaks because it is impossible to earn commission pay while on a rest break and, therefore, any rest break was unpaid. Thankfully, California State law has finally recognized that commissioned employees are entitled to the same rights as hourly employees. Employers can no longer discourage commissioned employees from taking rest breaks or require them to lose commission pay while on an unpaid rest break. If all of your pay comes from commissions, you must now be paid separate hourly wages for mandated rest breaks.
If you are currently or were a commission-only employee in California and did not receive separate hourly pay for your rest breaks, contact the employment attorneys at Lauby , Mankin & Lauby LLP who specialize in these claims, as you may be entitled to significant unpaid wages, plus penalties, interest and other damages.
For other common commission practices that may entitle you to back pay and/or penalties, please click here
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