Is an employer required to provide a written contract of compensation offered if requested?

UPDATED: Oct 1, 2022

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Is an employer required to provide a written contract of compensation offered if requested?

A little over a year ago my husbands pay structure changed. He went from a base plus bonus structure to now, what I believe is 100% commission. However, his boss did not explain this to him outright. He advised that he would be paid hourly with quarterly-ish commission payouts and would be required to work overtime. A few months in there was some confusion with his paycheck and that

is when we learned that his hourly rate was part of a draw. I’ve never worked with this kind of structure before so it took me some time to finally conclude that basically, my husband is paid strictly in commission. When he asked his boss to confirm this, his response was,

Asked on January 19, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, in U.S. law, there is no legal obligation for an employer to annotate or document pay structure or compensation in writing, and similarly, there is no requirement or obligation to provide a written contract. The employer can leave all of this oral (i.e. just tell the employee what he is earning).

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