Summary: Determining whether an employee is able to be paid for time spent on call is a rather complex and fact intensive inquiry. Indeed, the absence or presence of a facts can be the difference in being owed thousands of dollars in unpaid wages. In this
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.
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