EPISODE · Mar 26, 2026 · 5 MIN
S01E13 - Are Your Commission Based Employees a Lawsuit Waiting to Happen
from Employment Law Insights · host HTW Law
Could your standard commission pay structure bankrupt your business?Many employers operate under the dangerous myth that paying staff entirely or heavily on commission makes them exempt from minimum wage, overtime, and vacation pay. But with the rise of remote work and digital tracking tools (like CRM software and Zoom check-ins), the legal lines have blurred.In this Deep Dive audio, we unpack the hidden legal traps of commission-based employment. We explore a terrifying hypothetical scenario where a misclassified "travelling salesperson" is deemed a "route salesperson" by the Court—resulting in a staggering 16 years of retroactive backpay for unpaid statutory benefits.What you'll learn in this episode:- The critical difference between an exempt "travelling salesperson" and a highly controlled "route salesperson."- How modern WFH tracking tools (Zoom, Slack, CRMs) can accidentally void your legal exemptions.- Why you can never contract out of minimum employment standards—even if the employee agreed to it.- Steps HR professionals and business owners must take today to audit their contracts and avoid catastrophic legal liability.Don't guess about your rights. Listen now to understand the strategy behind the jargon.Learn More by reading the full article at https://www.htwlaw.ca/post/are-your-commission-based-employees-a-lawsuit-waiting-to-happenContact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at [email protected] or learn more about various issues on employment law free of charge at www.htwlaw.caVideo Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfjSpotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFDApple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475
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S01E13 - Are Your Commission Based Employees a Lawsuit Waiting to Happen
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