California’s wage and hour laws often favor the employee and impose harsh penalties on employers who are deemed to have violated federal and state work rules. Given our significant number of Silicon Valley clients, the Garcia & Gurney, A Law Corporation attorneys are particularly sensitive to the laws regarding commissions, overtime exemptions and other issues particular to high-tech employees. Our Pleasanton attorneys advise companies on policies and procedures to remain compliant with California and U.S. labor laws, and represent our clients before the courts and administrative agencies when allegations of noncompliance are leveled.
As of January 1, 2013, any employer who pays salespeople by commission must have a written contract. The contract must explain in detail the method you use to determine and pay each commission. You are also required to provide a signed copy of the contract and obtain a receipt from each commission-based employee.
Under this new bill, if a commission contract expires, the terms of that contract remain in effect until a new commission contract is drafted or the employee is terminated. As a result, it is important that you are aware of contract expiration dates, and you may want to have a new contract drafted before a current contract expires. If an employment dispute arises between you and an employee regarding a commission contract, the Garcia & Gurney, A Law Corporation lawyers can quickly review the circumstances of your case and guide you towards an effective resolution.
California has certain wage and hour laws. If you violate these laws, an employee may file a lawsuit against you or your business.
Listed below are areas where wage and hour laws apply:
Garcia & Gurney, A Law Corporation has extensive experience helping Silicon Valley clients with complex employment disputes. For help with a labor and employment issue or other business law matter in and around Alameda and Contra Costa Counties, contact us today by phone at 925-468-0400 or online.