If I am a salaried employee but I also get commidssion, do I need to clock in and out?

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If I am a salaried employee but I also get commidssion, do I need to clock in and out?

Asked on January 14, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer is both yea snd no.

No, in that if you are paid by salary and/or by commission, your pay does not depend on your hours worked; so you do not need to clock in and out to be paid.

Yes, in that a company may set any rules for work that it likes, and it could require any or every employee to clock in and out, such as to monitor comings and goings, to be able to accurately "bill" their time to the right projects, to know if they are excessly late or habitually leave early, etc. If an employee doesn't comply with work rules, he or she could be terminated.


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