Are you a commission-based employee? Do you receive separate hourly compensation for rest breaks? If not, you may be entitled to significant unpaid wages and penalties!
Hourly employees in California have always been entitled to a 10-minute paid rest break for each 4-hour period worked (sometimes less). Unfortunately, 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, the 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 or were a commission-only employee and did not receive separate hourly pay for your rest breaks, please contact the attorneys at Fernandez 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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