Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime regulations, record-keeping requirements, and employee classification. Critical for establishing base compensation structure in commission-based agreements.
Internal Revenue Code: Federal tax regulations covering tax withholding requirements, Social Security and Medicare contributions for commissioned employees.
State Wage and Hour Laws: State-specific regulations governing wages, working hours, and labor conditions that may affect commission structures and minimum guaranteed compensation.
State Commission Agreement Laws: State-specific requirements for written commission agreements, including mandatory terms and conditions that must be included in the contract.
Title VII of the Civil Rights Act: Federal anti-discrimination law ensuring equal employment opportunities and fair treatment in commission structures regardless of protected characteristics.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees and preventing discrimination in commission opportunities.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination in employment, including commission-based opportunities.
Equal Pay Act: Federal law requiring equal pay for equal work, including commission structures, regardless of gender.
Commission Payment Timing Laws: State-specific regulations governing when commissions must be paid and how they are calculated and defined.
ERISA: Employee Retirement Income Security Act governing benefits plans and their administration for commissioned employees.
Affordable Care Act (ACA): Federal healthcare law with implications for benefits provision to commissioned employees based on hours worked and income.
COBRA: Federal law governing continuation of health coverage after employment termination, including specific provisions for commissioned employees.
State Termination Laws: State-specific requirements regarding final commission payments, notice periods, and other termination-related obligations.
