Fight Back Against Commissioned Sales Pay Violations
Many retail and service establishments in Illinois pay employees on a sales commission basis, in whole or in part, in the hopes of increasing worker productivity. Commission sales jobs can be lucrative opportunities. However, in a retail setting, downturns in the economy, poor locations for businesses and other influences can produce low customer traffic making sales opportunities sufficient to make a living difficult.
The legal team at Billhorn Law Firm in Chicago is well-versed in laws that govern workers’ pay, including the Fair Labor Standards Act and the Illinois Sales Representative Act.
Understanding FLSA Wage Violations Related To Commission Sales
If an establishment fails to attract sufficient traffic to allow workers to earn the applicable minimum wage, the employer may be held liable for violating wage and hour laws.
Establishments that generate 75 percent of their revenue through the sale of goods or services that are not intended for resale may avoid paying workers overtime for work performed in excess of 40 hours per week under the Fair Labor Standards Act. However, to claim the exemption, in any week in which a worker puts in more than 40 hours in a week, the employee’s regular rate of pay must be more than one-and-a-half times the minimum wage for every hour worked in the week. Additionally, more than 50 percent of the worker’s income must come from commissions. If these requirements are not met, than the general overtime rules apply.
We handle all manner of unpaid wage violations that can impact a commissioned salesperson, including:
- Withheld commissions violations
- Minimum wage violations, including those that are due to slow traffic in a retail outlet
- Overtime pay violations
Get A Free Case Evaluation From A Seasoned Wage And Hour Employment Law Attorney
If you are a salesperson relying on commissions and believe your employer is shortchanging you, we invite you to call our aggressive and effective commission sales violation lawyer at 312-445-9137 or 888-408-0401 toll-free. You may also request your free consultation online.