Employment Law -- Employee
If I Pay My Employee On A Commission, Does The Minimum Wage Law Still Apply?
Yes. Unless your employee falls into an exempt category, you must pay the employee at least minimum wage for all hours actually worked. This means that even with a commissioned employee, you must track all daily and weekly hours worked to determine whether the average hourly rate meets the minimum wage. If the average hourly rate is less than the minimum wage in any pay period, you must boost the employee’s wages up to the minimum wage.