Is it illegal to be paid comission when you're a receptionist and you're at the office all day?
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So I’ve been employed by a day spa in Norco, California as a receptionist. My job duties require me to answer phones, schedule appointments, check in clients who have a tanning bed membership, clean the beds after they use it, sell merchandise, and keep the building tidy. It’s a nice little gig, however, there are two things that concern me which is why I’m asking here today. One is the fact that I’m not paid hourly, I’m paid by commission. When someone comes in for an appointment I get $8 for that hour. I do not get paid for making appointments, checking in tanners/cleaning the beds, selling merchandise, or keeping the building clean. I’m only paid for when an appointment arrives. I am usually here from 10am to 6pm on the days I work. If it’s a Saturday I’m here from 10am to 3pm. Someone told me that this is illegal, is that true? Two is that I’ve been working here for about two weeks now and I’ve yet to be ask to fill out any sort of tax form (Like a W-2) and I have not met the owner face to face. We talk on the phone and through text messaging but she has not physically been in my presence…ever! She didn’t even interview me, on of the therapists did. I’ve been told she’s been really busy with something regarding her house, but it is still mandatory for me to fill out a tax form right? I was not employed to work under the table, or at least I wasn’t informed that I would be working illegitimately. Also, I’m being paid with checks that are meant for the business and the business only, so my employment is on the financial books, but alas, I have not been asked to fill out any sort of paperwork. So the question here is, after I discuss this with the owner, and if nothing is done, who do I report this behavior to, how do I do it, etc etc. I really have no knowledge when it comes to things like this. I would really like question one answered and I’m going to ask the owner about question two (and one if it is illegal) before I take any steps further to see what can be done legally to stop this. Thank you.
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Answer:
It's not illegal to pay you commission, as long as if you don't earn minimum wage in commissions they up your salary to be at least minimum wage. Regarding your actual payments, are they taking taxes out of your paychecks? Employees should complete W4 (W2 is what you receive for your taxes), if it's not completed, companies can do a default of single with 1 exemptions. - If they aren't pulling taxes out of your check, they are paying you as an independent contractor.
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Other answers
It's not illegal to pay you commission, as long as if you don't earn minimum wage in commissions they up your salary to be at least minimum wage. Regarding your actual payments, are they taking taxes out of your paychecks? Employees should complete W4 (W2 is what you receive for your taxes), if it's not completed, companies can do a default of single with 1 exemptions. - If they aren't pulling taxes out of your check, they are paying you as an independent contractor.
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