Summary
If you work remotely and havent received income, you may file wage claims in each state where you worked. Even if the company is based elsewhere, the labor laws of the state where you performed the work apply. You can file a wage claim without an attorney, but consulting one may help. If your claim is valid, the Labor Commission can order your employer to pay owed wages and may impose penalties. Filing a claim doesnt require going to court unless the employer disputes it. Residency status doesnt affect your ability to file a claim.Full Conversation
I have been working remote for a company for 3 months and I have not received any income. The position is commission only. Is this legal?
Hello Bianca,
In Utah, as long as you agreed to a commission-only compensation structure, it's generally legal. However, your employer must still meet the minimum wage requirements over the course of your pay period. If you believe you're not receiving fair compensation, you may consider speaking to a labor attorney.
My employer has not met the minimum wage requirements
In Utah, it's illegal for employers to pay less than the minimum wage. You can file a wage claim with the Utah Labor Commission. If your claim is valid, they can order your employer to pay you the wages you're owed.
The company is in Delaware
Even though the company is in Delaware, if you're working from Utah, Utah's labor laws apply. However, if you're legally considered working in Delaware, their laws may apply. Do you know where your employment is legally considered?
I have been moving around and since working this position I have been in FL CA and UT. How does this factor in?
If you've worked in multiple states, the laws of each state might apply for the time you worked there. You should file wage claims in each state where you believe you were paid below minimum wage. It would be beneficial to consult with a labor attorney.
Can I file a wage claim without an attorney?
Yes, Bianca, you can file a wage claim without an attorney. Each state has a labor office where you can file your claim. However, consulting with a labor attorney may help you understand your rights and navigate the process more effectively.
What happens if they find my claim to be valid?
If your wage claim is found to be valid, the Labor Commission can issue an order requiring your employer to pay you the wages you are owed. They may also impose penalties on the employer for violating wage laws.
Does this require going to court?
No, Bianca, filing a wage claim with the Utah Labor Commission or any state labor office doesn't require going to court. They will investigate your claim and make a determination. If your employer disputes the claim, you might then need to consider court action.
So I need to file my claim in the state where I was working, not the state which the company is based?
Yes, Bianca, you should file your wage claim in the state(s) where you worked, not necessarily where the company is based. Each state's labor office can help with claims for the time you worked in that state.
Ok. I am not a resident in these states. Does that matter?
No, Bianca, your residency doesn't typically affect your ability to file a wage claim. You can file in any state where you worked and believe you were paid less than minimum wage. Labor laws protect workers, regardless of their residency status.
You are very smart!
Thank you, Bianca! I'm here to provide you with the best possible legal information. If you have any other questions or need further clarification, don't hesitate to ask.
Thank you so much! You have helped me tremendously. And so fast too!
I'm glad to hear that you found the information helpful, Bianca! Don't hesitate to reach out if you have any more questions. I'm here to assist you.
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