While commissions and bonuses are subject to the various laws that regulate wages, such as the FLSA and the Texas Payday Law, they are unique in rather important manners. The most obvious way that they differ from hourly-based and salary-based wages is when they are considered “earned.” Put another way, if you are an hourly worker, your wages are considered earned as soon as you start working. If you have worked for an hour, you have earned an hour’s worth of wages. If you have worked half an hour, you have half of your hourly wage. It is simple. But this same inquiry varies dramatically with workers who earn their wages based on commissions.
Continue Reading How Can I Get My Unpaid Commissions?
Unpaid wages
Global statement that company did not fire any employee for complaining about wages is not a legitimate non-retaliatory reason.
By Nicole M. Conger on
Posted in Retaliation, Unpaid wages
“Defendants cite the following global statement in both declarations: ‘SDT did not fire anyone for complaining about not getting paid for all time worked.’ Neither [Defendant] mentions [Plaintiff] by name, nor do Defendants identify any other evidence to establish the basis for [Plaintiff’s] termination. The Court finds this evidence insufficient to establish a legitimate, non-retaliatory…
Demand for back pay for failure to comply with termination procedures is not a suit for money damages barred by sovereign immunity.
By Colin W. Walsh on
Posted in Unpaid wages
“Where statutory or constitutional provisions create an entitlement to payment, suits seeking to require state officer to comply with the law are not barred by immunity merely because they compel the state to make those payments. Tamayo claims that Chapter 614 created a statutory requirement that Tamayo continue his employment until Sheriff Lucio complied with…
Denying the available chance of working overtime constitutes an adverse employment action.
By LSTAHL on
“[P]laintiffs have alleged and offered proof that they suffered an adverse employment action, namely, a denial of the opportunity for overtime and accompanying compensation.” Zeigler v. Univ. of Miss. Med. Ctr., 877 F. Supp. 2d 454, 459 (S.D. Miss. 2012).
Denying overtime pay to an employee who works overtime hours is an adverse employment action.
By LSTAHL on
“Denial of overtime pay is an adverse employment action because it relates to [Plaintiff]’s compensation.” Johnson v. Manpower Professional Servs., Inc., 442 F. App’x 977, 982 (5th Cir. 2011) (per curiam).