Is an employer required to providean employee a written statement showing how their commission check was calculated?

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Is an employer required to providean employee a written statement showing how their commission check was calculated?

I’m in salary + commission position, for which no written pay plan is in place. On each commission pay date, you’re handed a check and a “thank you very much” with absolutely no idea of how the dollar amount of the check came to be. The calculation, we are told, contains deductions for operating expenses, including the previous months departmental payroll expenses. The are several employees in the department on this same “plan”. There are no meaningful numbers posted at any time during the period. How can we possibly know if we are being paid correctly (fairly)?

Asked on February 26, 2011 under Employment Labor Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The Fair Labor Standards Act, which governs the federal minimum wage, overtime, child labor and record-keeping laws, does not require employers to give employees a pay stub which would show calculations.  However, many states require it. The state usually lists what should be shown on the pay stub. But you are talking here about commission checks, which could be considered your pay stib if that is how you are paid. LikeI said, the requirements for what must be shown on an employee's paycheck stub vary by state. More commonly, the state requires the employer to show gross wages earned for the payroll period; deductions paid either as a total amount or listed separately; hours worked and applicable pay rates, such as regular and overtime; if applicable, piece rate units earned and the respective piece rate; employee name and the last four digits of his Social Security number, or his employee identification number; and the employer's name and address. If the employee is salaried-exempt, the employer does not show hours worked, only salary paid. Salaried employees do not receive overtime and are not paid according to hours worked. I would contact the State department of Labor or the Attorney General's Office and ask. Good luck. 



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