Disputes Regarding Payment of Commissions
Any individual working solely, partially or even casually for commission is entitled to full receipt of that commission in a timely manner. However, it can be difficult to determine the full extent of what an employee is entitled to when one does not understand the minutiae of employment law regarding commissions. Employers and employees are often confused about how the differences in federal and Oregon state law affect their rights and responsibilities regarding commissions. When trying to understand the minute details of the different laws dealing with commissions, it is essential to have an experienced advocate to help guide you.
For example, employees paid on commission must still be paid minimum wage, plus time and a half wages if they work over 40 hours per week. Under federal law, employers must count commissions when they calculate their employees’ hourly rate; Oregon does not require employers count commissions in the hourly rate, but does say that employers must make up for any difference and boost up their employees’ wages to meet the minimum hourly rate. To add further confusion, some of these minimum wage and overtime rules only apply to certain employees. For instance, the employers of salespeople who earn at least one and a half times Oregon’s minimum wage, and earn at least half of their salary on commission, are exempt from having to pay overtime wages. Other employees may be exempt from both overtime and minimum wage laws, depending on what kind of employment they are engaged in, or what commissions agreements they have made with their employer. Our dedicated attorneys can help you understand commission agreements you might be entering into, and can help you resolve any disputes regarding the payment of commissions.
Legal action regarding these matters may arise because of an employer’s refusal, or alleged refusal to pay. They may also occur when the parties involved do not agree on whether or not the requirements to earn a particular commission have actually been met. There may also be a disagreement as to the agreed terms regarding the circumstances under which a commission is to be awarded. Whether or not the agreements made regarding commissions were in writing, you may still have recourse to defend your rights and a Portland employment law attorney can be of tremendous assistance.
If you believe you are owed commission which you have not been able to obtain, or if you have been threatened with legal action for commission you believe you do not owe, contact HKM Employment Attorneys. We understand that when it comes to your income or your profit, it is vital you achieve a just resolution to your case. Our legal team is dedicated to fighting for your rights and will work tirelessly on your behalf. Our firm is recognized as one of the leading employment law firms in the Northwest and our clients include government agencies, Fortune 500 companies, executives and individual employees.
Employment Lawyer in Portland, Oregon
When your income or profit is threatened, we will conduct a thorough investigation to determine the facts of your case and quickly identify the laws and regulations which support your claim. With approximately 40 years of combined experience, we are adept at anticipating the arguments of opposing counsel and developing swift and effective responses. Our ability to take a comprehensive approach assists us in finding creative solutions to even the most complex cases.
Contact a Portland employment lawyer if you are unable to resolve a dispute regarding commissions.
Call 503-389-1130 or fill out this form and we will get back to you ASAP.