Am I entitled to commission, if I’m a full-time employee but not a salesperson?

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Am I entitled to commission, if I’m a full-time employee but not a salesperson?

However, I made 4 sales to help the company and the owner says I’m not entitled to commision. Is this true?

Asked on May 5, 2019 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless commission has been agreed to by your employer, it is not a part of your compensation. There is no automatic to commission for sales made. That having been said, you are obviously entitled to be compensated for all work you do. If you are compensated hourly, versus being paid a salary, then you must be paid for all hours put in and to the extent your work (sales or otherwise) takes you beyond 40 hours in your work week, then you are entitled to overtime for those additional hours as well. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no legal right to commissions. Employers only have to pay commissions to those employees they voluntarily agreed to pay commissions to. If the employer did not agree that sales commisions are part of your compensation, you are not entitled to them.


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