Unpaid wages occur when an employer fails to pay an employee for hours worked, overtime, bonuses, or final paychecks. Under California Labor Code, wages include regular pay, overtime compensation, and earned commissions.
Unpaid commissions happen when employers withhold or delay commission payments that sales employees have earned. California Labor Code § 204.1 defines commissions as compensation based on the amount or value of sales. Employers must provide a written commission agreement and pay earned commissions according to the terms. When they fail to do so, employees have the right to pursue legal action.
Overtime Violations — Failing to pay time-and-a-half for hours worked beyond eight per day or 40 per week.
Withheld Commission Payments — Refusing to pay earned sales commissions or changing commission structures after sales are made.
Minimum Wage Violations — Paying below California’s current minimum wage of $16.50 per hour.
Final Paycheck Delays — Not paying all earned wages, including commissions and unused vacation, upon termination.
Meal and Rest Break Violations — Denying required 30-minute meal breaks or 10-minute rest periods.
Misclassification — Labeling employees as independent contractors to avoid paying proper wages, overtime, or benefits.
Tip Theft — Unlawfully taking employee tips or making improper deductions from wages.
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Pursuing a wage claim on your own can be overwhelming, especially when facing a company with more resources and legal knowledge. An experienced unpaid wages and commissions attorney ensures your rights are protected and increases your chances of recovering the wages owed.
An attorney can carefully review your employment agreement, commission agreement, and payroll documents to establish the exact amount of money owed. They understand complex wage and hour laws, the Fair Labor Standards Act, and state-specific hour laws, making sure your claim is filed properly within deadlines that can be up to three years.
Working with a lawyer also means having a strong advocate to communicate with your employer, payroll company, or staffing agency on your behalf, reducing the stress and emotional toll of the claim process. Attorneys can pursue multiple legal avenues, whether through a settlement, an administrative claim form, or a full lawsuit, ensuring no potential recovery is left behind.
Finally, an attorney can help you recover unpaid wages and commissions, overtime pay, penalties, and benefits. They can also assist in recovering bonuses, interest, and reimbursement of your legal fees. With the right representation, you stand a much stronger chance of securing the compensation you deserve for your hard work.
Mercer Legal Group focuses on representing employees—not employers—in wage and hour disputes. Our Los Angeles unpaid wages attorneys have handled cases involving withheld commissions, overtime violations, and wage theft across California.
We review commission agreements, payroll records, and employment contracts to determine the full amount owed. Our attorneys pursue every available remedy, including unpaid wages, waiting time penalties under Labor Code § 203, interest, and attorney’s fees.
We represent workers in Los Angeles, Orange County, the Inland Empire, and throughout Southern California.
Our approach includes:
Case Evaluation — We analyze your pay stubs, commission agreement, and employment records to identify violations.
Demand and Negotiation — We contact your employer to demand payment and negotiate resolution where possible.
DLSE Claims — We file wage claims with the California Labor Commissioner’s Office when appropriate.
Litigation — We pursue lawsuits to recover wages, penalties, interest, and attorney’s fees when employers refuse to pay.
California has strong protections for employees owed wages. You may be entitled to recover:
Employees generally have three years to file a wage claim for unpaid wages. For claims based on a written contract, you may have up to four years. Deadlines matter—contact an attorney promptly to protect your rights.
Case value depends on factors including the amount owed, duration of the violation, and whether your employer’s conduct was willful.
If your employer has withheld wages, refused to pay commissions, or violated California labor laws, you have legal options. Mercer Legal Group represents employees throughout Los Angeles and California in recovering the compensation they’ve earned.
Call (818) 351-2137 to speak with an unpaid wages and commissions attorney.
Dealing with unpaid wages or unpaid commissions can be confusing, especially when you’re unsure of your rights under wage and hour laws. Below are answers to some of the most common questions employees have when pursuing a wage claim or considering legal action:
You may file a wage claim form with the state labor department or pursue a lawsuit with the help of an attorney to recover commission payments. Both state and federal law protect your right to receive agreed-upon sales commissions.
The Fair Labor Standards Act (FLSA) and state hour laws require employers to pay at least the minimum wage, plus all earned overtime hours and wages. Failure to do so may result in penalties, liquidated damages, and back pay.
Yes. In most states, commission agreements are considered part of an employment contract, meaning unpaid commissions are treated as wages and protected by wage and hour laws.
You can file a claim with the labor department or bring a lawsuit against your employer with the help of an unpaid wages and commissions attorney. Having legal representation improves your chances of full compensation.
In many cases, the answer is no. If your employment agreement or commission agreement states you earned the commission before quitting, the employer must still pay the money owed.
Many employment attorneys handle wage claim cases on a contingency basis, meaning you pay nothing up front and only if they recover the wages owed to you. Some may also offer hourly or flat fees depending on the case.
In New York, workers generally have six years to file a claim for unpaid wages or commissions. Under federal law, most claims must be filed within two to three years, depending on the violation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult a qualified wrongful termination lawyer in Los Angeles, California, for advice specific to your situation.