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Unpaid Commissions


California employers are required to have a signed, written commission agreement with any employee who is paid commissions. If an employer fails to pay employees earned commissions, they can sue for unpaid commissions and other damages and penalties under various Labor Code provisions, including sections 210 and 2699(f)(2) of the California Labor Code.


The written commission agreement must specifically state how the commissions are calculated and when they are paid. (California Labor Code 2751(a))

In general, employers must pay commissions according to the formula in a written commission agreement and pay them in the pay period in which the commissions are earned.

Employers often shortchange employees for hard-earned commissions by:

  • Miscalculating commissions
  • Delaying in paying them
  • Imposing improper “chargebacks” against commissions

Contact Us

You deserve to get compensated for your hard work, if your employer fails to pay for off the clock work, call Hardin Law Group today for a free and confidential consultation.

Protect Your Rights. Contact Us.

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Orange County Office

(949) 337-4810

(844) 615-1122

23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660

Los Angeles Office

(310) 606-2122

1638 South Pacific Coast Highway
Redondo Beach, CA 90277

San Francisco Office

(415) 510-2211

One Sansome Street, Suite 3500
San Francisco, CA 94104

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