can your employer lower your commission rate while adding to your schedule?

UPDATED: Oct 1, 2022

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can your employer lower your commission rate while adding to your schedule?

I have been paid 30 commission with a schedule of mon-fri 8-5 for the
last 4 years. I get to work this morning and my employer says hes
lowering my commission to 25 and now i have to be on call nights and
weekends. Is that legal?

Asked on August 17, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal unless you have a still-in-effect (not expired or terminated) written employment contract guarantying you your commission and hours for some set or fixed period of time (e.g. a one-year, two-year, fie-year, etc. contract). If you do, the employer cannot change either in violation of the contract. If you don't have such a contract however, the employer may alter your hours and commission at any time, for any reason, at wll, and can make you work harder for less money; that is a consequence of "employment at will" (you don't have a right to a job), which is the law of this country except when there is a contract to the contrary.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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