How to Create Legally Compliant Commission Agreements

Instructor: Stephanie Yang
Product ID: 703343
  • Duration: 60 Min

recorded version

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Read Frequently Asked Questions

This webinar will focus on the requirements of a commission agreement in California and differences between an earned commission and an unearned commission. Attendees will learn best practices for creating commission agreements for California employees and how to avoid the pitfalls.

Course "How to Create Legally Compliant Commission Agreements" has been pre-approved by HRCI as eligible for 1 credits towards a participant's recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

Why Should You Attend:

Do you pay your employees in whole or in part by commission? Are you considering paying your employees in whole or in part by commission? California law has very specific requirements about commission agreements.

This webinar will teach attendees the basic requirements of a commission agreement in California, the nuances of different commission arrangements, and what common pitfalls to avoid.

This webinar will also provide answers to the following questions:

  • Why should the commission agreement be in writing?
  • When are commissions considered “earned”?
  • Can the commission be subject to claw-backs?
  • Are commissions treated the same as wages?
  • What constitutes a valid commission contract?
  • How and when can the terms of the commission agreement be changed?
  • What are some good sample terms for commission agreements?
  • When can deductions to commission be made?
  • Can commissioned employees be exempt employees?
  • What are some common mistakes to avoid?
  • What are the best practices in drafting commission agreements?

Areas Covered in the Webinar:

  • Why you should have a commission agreement;
  • Basic components of an effective commission agreement;
  • Variations amongst common commission agreements;
  • How to distinguish between an earned commission versus an unearned commission;
  • How to distinguish between commissioned exempt employees and commissioned nonexempt employees;
  • How to distinguish between permissible and impermissible deductions;
  • What common mistakes to avoid in drafting commission agreements;
  • Best practices surrounding commission agreements.

Who Will Benefit:

  • HR Analysts
  • HR Mangers & Directors
  • HR Personnel
  • Payroll Professionals
  • Employment Managers/Specialists
  • Employee Relations Professionals
  • Business Owners
  • In-House Attorneys

Instructor Profile:

Stephanie Yang, of Lewis Brisbois Bisgaard & Smith LLP practices exclusively in the firm's Employment and Labor Group, concentrating on the litigation defense of businesses of all sizes, including but not limited to the following areas: wage and hour, employment discrimination, employment counseling and wrongful termination.

Stephanie's work contributed to two defense verdicts in the Orange County Superior Court in 2012. A native of Taipei, Taiwan, Stephanie is actively involved in the Asian American legal community.

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