Wage Packing & Calculating Commissions

California Wage Law Services for Workers


Wage law is a complex area of law. If you are an employee and feel like your rights have been violated, it is important to understand that you have options. California wage law protects workers from being cheated out of their wages, but only when they understand their legal protections and know who to turn to for help.

What is Wage Packing?

Wage packing is the process of paying employees less than the minimum wage for certain tasks, like bagging groceries. Wage packing has been illegal in California since 2014, but it’s still a common practice among employers.

Employers can avoid paying overtime wages by taking advantage of a loophole in state law that allows them to pay sub-minimum wages for certain types of work. For example: if an employee is technically paid $15 per hour but only spends 20% of their day working on regulated products (like food), then they would make $3 per hour instead of $7 per hour—that’s called hiring “wage packers”.

Wage packing happens when an employer uses this loophole and tells workers that they are being paid at or near minimum wage when they actually aren’t receiving enough money to meet federal standards or even keep up with inflation due to inflationary increases in consumer prices over time (e.g., rent).

How are Commissions Paid?

  • Commissions are usually paid as a percentage of the sale, but some companies pay them on sales volume.
  • If your employer pays you by commission and does not pay you regularly (e.g., weekly or monthly), then California state law requires that they also pay you at least twice a month and on time every two weeks.
  • Commissions don’t have to be paid until after the work has been completed by you or your colleagues, although if this happens too often it could count as wage theft under federal law (and if it’s happening to you then talk with an attorney about filing for unemployment benefits).
  • You must receive all commissions earned in cash; no checks or credit cards allowed!

Tips on Calculating Commissions

Every state has its own wage and hour laws. These laws determine how much of your paycheck is withheld for taxes and other deductions, how many sick days you’re allowed to take, when your employer can fire you, etc.

When calculating commissions, there are a couple different ways to do so: weekly or biweekly. Weekly means that every week of work will result in one pay period (from the day you start until the next Monday). Biweekly means that every two weeks of work will result in one pay period (from the day after payday until the next Friday). Monthly would be four times per year; quarterly would be 12 times per year; annually would be 52 times per year; daily would be 168 times per year!

Contact Legal Assistance Today

If you have questions about your wages, or if you are being paid less than the minimum wage, contact Legal Assistance today. We can help you with your wage dispute and provide free legal advice. If necessary, we can file a claim on your behalf and represent you in court. We’ve helped thousands of people like you get their hard-earned money back from employers who broke the law.

California wage law protects your rights as an employee to fair compensation.

California wage law protects your rights as an employee to fair compensation. If you believe you are not being paid properly, or if you have questions about the laws protecting your wages, contact a lawyer. You may be entitled to compensation for unpaid wages and other penalties.


If you feel like you’re not being paid enough, or if your employer is not following the law in other ways, contact legal assistance today. The attorneys at Legal Assistance are here to help. Don’t let your employer take advantage of you!

Common Types of Employee Wage Issues


If you are an employee in California, you have rights beyond paid time off and a steady paycheck. You should be aware of the state’s labor laws, which ensure that workers are protected from unfair treatment by their employers. These protections apply across industries, including retail, construction, and manufacturing. In this blog post we will explore some common wage law issues faced by employees in California:


In California, the law requires that employers pay overtime to any employee who works more than 8 hours in a day or more than 40 hours in a week. Employers must pay overtime at 1.5 times the employee’s regular rate of pay for every hour worked over 40 hours in a week. If an employee works more than 12 hours in a day, the employer must pay double-time for every hour worked over 12.

Some employees are exempt from overtime under California law; however, just because an employee is paid on salary does not mean they are exempt from paying overtime (and should be checked by your lawyer). If you believe your employer has violated these laws by not paying you what you are owed, contact our team today!

Unpaid Wages

If you have not been paid the wages that you are owed, or if your employer has violated other wage and hour laws, California Wage Law is here to help. We can provide you with a free consultation and answer any questions that you may have about your rights as an employee. Our service is designed for people who want simple, straightforward answers from a law firm with a proven track record of success.

We have helped many employees recover their unpaid wages using our experience in wage and hour cases. We offer a 5 star service because we want all of our clients to feel as though they were treated fairly by our firm.

Off-the-Clock Work

You should be paid for all hours worked. If your employer asks you to perform tasks after you clock out, he or she must pay you for this time. It is called off-the-clock work.

Off-the-clock work is any job assigned to an employee that occurs after their scheduled shift ends or before it begins. It does not include independent preparation (for example, checking your email) in the 20 minutes before a shift begins, or clean up at the end of a shift that takes less than five minutes. The only exception is if there is an express written agreement between an employer and employee stating otherwise

Wage Packing & Commission Disputes

Wage packing, also known as pay assignment, is a common practice in California. Companies use this method to pay employees for their time worked and productivity on an hourly basis rather than providing regular biweekly or monthly paychecks. For example, if an employee earns $10 per hour and works 48 hours in a week, his employer will likely only pay him $480 for that week’s work ($10 x 48). However, some employers may calculate the hourly rate of their employees by dividing their total wages by 40 hours (instead of 48), which means that they are “paying” him $12 per hour instead of $10 even though no additional work was performed during those extra 8 hours. This practice is considered illegal under Section 218 of California Labor Code.

Commission is another issue that often arises between workers in California: commissions are payments made out to sales agents based on how much revenue they generate for their employer; therefore these payments should be calculated before taxes and other deductions are taken out-and-after expenses incurred during commission calculations have been incorporated into the final figure. If your company offers commission-based compensation packages then it’s important that you understand how these figures should be calculated so that you’re getting paid fairly according to state law requirements; otherwise it could result in complications later down the road when filing taxes each year! To learn more about calculating commissions correctly read our article How do I calculate my commission correctly?

Independent Contractor Misclassification

If you’re an independent contractor, you can be your own boss. You have the freedom to work when and where you want, but there are some rules that apply to your business.

If you’re not sure whether your company is misclassifying workers as employees or independent contractors, there are some key differences between the two. If a worker is correctly classified as an employee, he or she will receive benefits such as paid sick leave and health care coverage from the employer. In addition, the employee cannot deduct certain expenses from his or her taxable income unless those expenses are specifically approved by Internal Revenue Service (IRS) regulations (although these deductions may still be claimed on Schedule C).

The penalties for misclassification of employees vary based on factors such as how long it took place before being discovered; however, if you were classified incorrectly for fewer than three years without knowledge of this error being made available through public records then penalties would likely amount up too little over $500 per instance plus any lost wages owed due to incorrect wage reporting practices during this time period – however if there’s been evidence suggesting intentional disregard then fines could range up around $1 million!

Meal & Rest Break Violations

If you believe that your employer has violated your rights under California Wage Law, it’s important to contact an experienced California employment law firm right away. At California Wage Law, our skilled attorneys can help determine whether or not a violation occurred and advise you on the best way forward if it did. Our consultations are free of charge, so there’s no risk in speaking with us about your situation. Don’t wait any longer—get the answers and support you need today!

Unpaid Bonuses or Commissions

If you receive a bonus, commission, or other incentive paid for work you performed, it must be paid within thirty days of the end of the month in which it was earned. If your employer does not pay these wages when they are due, you can recover them by filing a wage claim with the Division of Labor Standards Enforcement (DLSE).


We hope this article has helped you understand California’s wage laws and the importance of getting paid. Please note that there are many other types of wage violations that happen every day, such as meal and rest break violations or unpaid bonuses or commissions. If you believe you are owed money for any of these reasons, contact us today so we can help!