Under the Fair Labor Standards Act (FLSA), employers may lawfully average an employee’s earnings over the total hours worked during a workweek to determine if the minimum wage requirements are met.
An employee must be earning at least minimum wage for the hours that he or she works. You should always keep track of your time worked and make note of any breaks that you take.
You will need to then compare that time to your earnings to ensure you received at least minimum wage. Any wage discrepancies should be addressed early before the statute of limitations expires. If you earned commissions and were not paid them, that may be wage theft.
Commission Wage Theft As An Advertising Agent
When an employer fails to make timely payment of employee commissions, there may be strong remedies, but those remedies depend on where you live.
You should research the applicable state laws as well as the federal laws that apply to your specific situation. An employment law attorney will be able to help you determine the best way to proceed with your claim and to recover compensation for your losses.
There are strict statutes of limitations for pursuing claims against employers for employment law matters. You will need to maintain thorough documentation and supporting evidence for your claim.
Keep paystubs, document all sales, your employment contract, your employee handbook, and any other evidence, such as memos, texts, and emails.
You will need to prove that you were to be paid commission as well as how much you were owed for commission. You must be able to prove how much you were owed and that you were not compensated for your commission earnings.
The Next Steps
You should research the state and federal laws regarding wages, earnings, and commissions. You will need to also review your employee handbook.
You will want to make sure you follow proper protocol for pursuing a wage theft claim. If you are not paid your commissions, you should speak with your manager or with the company’s human resources (HR) department to see if it was an honest mistake and that your paycheck was misplaced or an error was made.
If they correct the issue and it was a one-time situation, you will not need to advance your claim.
You will notify your employer by drafting a letter to them. Explain in detail your concern and that you were not paid the commissions that you earned.
Also, include a total of the commissions that you are owed. Keep a copy of the letter and maintain proof that it was delivered to your employer as notification of the situation. Document any response you receive and how the situation progresses.
If your problem persists, or if your employer does not respond to your complaint, you will need to file a formal complaint with the Wage and Hour Division (WHD).
When you file your complaint with them, they will need copies of your evidence. They will investigate and they will discuss the matter with you. They will then contact your employer in an effort to resolve the issue and to help you recover your lost commissions.
If the WHD cannot get the matter resolved, or if they determine your employer has a pattern of illegal behavior in which workers are not paid their commissions, they will suggest that you take the claim to the next level.
This is done by filing a lawsuit against your employer. When you file a lawsuit, your claim will go before the court and a judge or a jury will determine the outcome and rule on your damages. You need to make sure everything is done before your statute of limitations expires.
Get a Free Case Evaluation Today
If you have suffered wage theft as an advertising salesperson who was not paid any commissions, you will need to speak with an employment law attorney who handles wage theft claims in your state.
An attorney will determine the best way to proceed with your claim and will know how to get your claim on track. Your lawyer will also help you determine the value of your claim.
Some employment law attorneys do require a retainer, but there are some who will take cases on a contingency basis.
Be sure to discuss payment options when you meet with an employment law attorney. Since time is of the essence, complete the Free Case Evaluation Form on this page today, so you can make sure your claim is underway before time runs out.
