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Perspective

Jul. 19, 2012

Coming soon: new rules for employee commission agreements

Beginning Jan. 1, 2013, commission agreements must be put in writing. Here are some tips to consider. By Alice Wang of Fisher & Phillips


By Alice Wang


Recent court decisions potentially expand the commission pay overtime exemption in favor of employers under both California wage and hour laws and the Federal Labor Standards Act. However, beginning Jan. 1, 2013, all commission agreements must be in writing in California. Commission based pay plans can be simple and straightforward, or they can be extremely complicated. Even the simplest commission plans must be put from pen to paper.


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