Salarios por Comisiones - Protección en Acción
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Commission Wages

Commission Wages

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Commission wages in California are based on the sale of products or services and are calculated as a percentage of the sale price. Pursuant to California Labor Code section 2751, commission agreements must be in writing, detailing calculation methods, payment frequency, and when commissions are considered earned. These agreements must be signed and provided to employees.

California law generally prohibits employers from deducting business costs from earned commissions. However, some deductions may be allowed if specified in the written agreement, such as discounts, returns, or employee-caused damages. Any changes to commission rates must be applied prospectively, not retroactively.

Key elements of a commission agreement include the calculation method, payment timing, employee’s primary duties, and when commissions are earned. Most sales employees are entitled to at least minimum wage in addition to commissions, unless classified as “exempt”. Commissions differ from bonuses or piece rate plans, which are typically based on reaching sales targets or production quotas.

Terminated employees are also entitled to earned commissions. California courts often award pro-rata shares for incomplete sales to prevent employers from avoiding payment by terminating employees before sale finalization. However, if substantial work remains and an employee quits voluntarily, they might not be entitled to the commission.

Both employers and employees should fully understand their commission agreements. Employers must ensure compliance with California law, while employees should keep accurate records of their sales and commissions. Clear documentation is crucial for resolving disputes or pursuing legal action if necessary. While commission-based pay can motivate sales employees, it’s important that these arrangements are structured fairly and legally to maintain positive employer-employee relationships.

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If your employer is withholding commissions that are rightfully yours, contact us immediately.

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Associate

Christine Reyes

Dedicated to Protecting Employee Rights

Christine Reyes is an Associate Attorney with PLG. Ms. Reyes represents employees in a wide range of employment matters, including wage and hour claims, wrongful termination, discrimination, and retaliation. With a strong legal background, Ms. Reyes previously represented plaintiffs in personal and catastrophic injury cases, gaining valuable experience that has shaped her approach in advocating for employees facing workplace injustices.

Before becoming an attorney, Ms. Reyes worked as a personal injury paralegal and legal assistant, providing her with a comprehensive understanding of the litigation process from intake to trial preparation, to resolution. This experience gave Ms. Reyes a unique perspective on case management, strategy, and helping clients navigate the complexities of the legal system. Ms. Reyes provides effective, compassionate representation and is committed to fighting for the rights of employees.

Ms. Reyes attended the University of California, Santa Cruz and earned her law degree from Santa Clara University, School of Law. Ms. Reyes is licensed to practice law in all California State Courts and in the U.S. District Courts for the Central District of California. Ms. Reyes is fluent in Spanish.

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Associate

SUSAN HUERTA

Ms. Huerta is a trial attorney at Protección En Acción. Licensed as an attorney since 2008, she has more than 16 years of legal experience dealing with highly complex employment litigation, class action lawsuits, and civil rights. Serving clients throughout California, Attorney Huerta has achieved significant success fighting for the rights of employees who have suffered serious rights violations, including discrimination, harassment, wage and hour disputes, wrongful termination, and more. A highly compassionate and personable attorney, Attorney Huerta genuinely cares about the issues facing her clients and has earned a reputation as a tireless advocate who aggressively pursues the most favorable outcomes on behalf of her clients. She also understands the stress and anxiety her clients feel regarding their situations, and provides dedicated and effective advice and support with the utmost care and respect to help them obtain the justice they deserve. She is fluent in Spanish and can communicate directly with many people who may have difficulty speaking English.

In 2020, Attorney Huerta was selected as a Super Lawyers Rising Star. She practices in the areas of Labor and Employment Law, including Class Action Lawsuits, Wrongful Termination, Discrimination, Sexual Harassment/Sexual Assault, Negligent Hiring and Supervision, and Civil Rights. Ms. Huerta is admitted to practice law in California, in the United States District Court for the Central and Northern District of California and in the United States Court of Appeals for the 9th Circuit.

In her spare time, Ms. Huerta provides free legal assistance to battered women and unaccompanied immigrant children.

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Associate

JEFFREY JIMENEZ

Dedicated to Protecting Employee Rights

Attorney Jeffrey Jiménez is a Junior Associate Attorney at Protection in Action. Attorney Jeffrey Jiménez is dedicated to ensuring that employee rights are protected in the workplace, specifically in collective and representative wage and hour actions. Attorney Jeffrey Jiménez has experience in other employment matters, such as discrimination, harassment, retaliation, and wrongful termination cases. Before joining full time, he worked as a paralegal for Proteccion En Acción along with several other public organizations and private law firms in employment law, special education law, and immigration law.

Mr. Jiménez attended the University of California, Irvine (UCI), and received his PhD from Southwestern School of Law.

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General Partner

CARLOS JIMENEZ

Extensive Experience and Knowledge

As a former partner and co-chair of his national class action practice group at a prominent employment defense firm, attorney Carlos Jiménez has extensive experience that he uses to benefit his clients. During his time as an employment defense attorney, Attorney Carlos Jiménez's practice focused on defending employers in California wage and hour class action lawsuits and PAGA matters, and he contributed to superior courts' efforts to streamline case management. class action lawsuit and PAGA. With this unique experience and knowledge, along with his extensive experience in state and federal courts, Attorney Carlos Jiménez is dedicated to preserving and protecting the rights of employees in the workplace.

Attorney Carlos Jiménez attended the University of California, Los Angeles (UCLA), and received his Professional Doctorate from Loyola Law School. As a first-generation Mexican-American, Mr. Jiménez grew up in a blue-collar family and speaks fluent Spanish. Attorney Carlos Jiménez is admitted to practice law in all California state and federal courts and the California Court of Appeals.

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