Can an Employer in Washington State Change Your Income from Salary to Commission-Based?

Question from Ash, Can an Employer in Washington State Change Your Income from Salary to Commission-Based?

Answer from AI:

In general, an employer in Washington State can change an employee’s pay structure from salary to commission-based, but there are certain conditions and regulations that must be met. This is a complex issue that involves both federal and state laws, and it’s important to understand the basics.

Employer’s Right to Change Pay Structure

Under the Fair Labor Standards Act (FLSA), employers have the right to change the pay structure of an employee, as long as the change does not result in the employee receiving less than the federal minimum wage. However, the employer must notify the employee of any changes in pay structure in advance.

Washington State Laws

In Washington State, according to the Washington State Department of Labor & Industries, employers must provide written notification to employees of any changes to their rate of pay before the start of the pay period in which the change takes effect.

Contractual Agreements

If there is a contract or agreement in place that specifies the terms of an employee’s pay, the employer may not be able to change the pay structure without the employee’s consent. If you have a contract, it’s important to review it carefully.

Considerations for Commission-Based Pay

Commission-based pay can be complex, and there are specific rules that employers must follow. For example, the FLSA requires that commission-based employees still earn at least the federal minimum wage for all hours worked. If an employee’s commissions do not add up to the minimum wage, the employer must make up the difference.

It’s important to consult with a legal professional if you have questions about your specific situation. They can provide personalized advice based on your circumstances and the specifics of the law.

Resources

• Washington State Department of Labor & Industries – Pay Requirements
• U.S. Department of Labor – Fair Labor Standards Act

Remember, this information is a general guide and not a substitute for legal advice. Laws and regulations can change, and each situation is unique. Always consult with a legal professional for advice.