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Proven Results No Matter the Case

As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.

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Unpaid Commissions Lawyers

Fighting for the Pay You've Earned

If you’re paid on commission—whether fully or in part—your income depends on your performance. When an employer withholds those earnings, you have the right to take action.

At Josephson Dunlap, we help employees nationwide recover unpaid commissions from employers who delay, deny, or underpay what’s been rightfully earned. Our attorneys understand the federal and state laws that protect commissioned workers and regularly handle disputes across a wide range of industries. Our mission is simple: to help you recover the pay you’ve worked for.

Contact us online or by phone at (888) 992-2990 to schedule a complimentary consultation with our team today. Hablamos español.

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“Filing a case was easy and the staff was beyond wonderful when it came to answering my questions in regards to my case. They’re polite, well spoken and overall professional.”

- Robert F.

Straight Time for Overtime

“I have made multiple recommendations for Josephson Dunlap to family and friends. They kept me updated with my case, provided ongoing follow-up support, and made sure I received everything that was owed to me!”

- Samantha R.

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“Josephson Dunlap did everything that could be asked. They were great communicators and treated me with respect. They fought for me and delivered results that were better than expected.”

- Tony S.

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Wage & Hour Claims
What Is a Commission?

A commission is a form of compensation paid to an individual or company for successfully promoting, selling, or facilitating the sale of goods or services. It may be structured as a flat fee or calculated as a percentage of the sales amount. Commission structures vary widely by industry, employer, and role. Some workers are paid exclusively on commission, while others receive commissions in addition to a base salary or hourly wage. Many different types of employees—including salespeople, real estate agents, and recruiters—may be eligible to earn commissions based on performance or sales metrics.

Some of the most common types of workers who receive commissions include: 

  • Salespeople
  • Real Estate Agents
  • Insurance agents
  • Brokers
  • Investment advisors
  • Financial advisors
  • Fashion designers
  • Car salespeople
  • Advertisers
  • Freelance writers
  • Independent contractors
  • Clothing store salespeople
  • Technology salespeople
  • Service technicians
  • Tutors
  • Photographers

Commissions are generally regulated by state law, rather than the federal statute. As such, employers and contractors must follow all applicable commission laws in the state in which they operate. When they fail to do so, commissioned workers can take legal action to seek backpay and other damages.

What Happens If a Company Doesn’t Pay Commission? 

When a company fails to pay a commission that was promised—whether in a contract, compensation plan, or agreed-upon terms—the employee or independent contractor has the right to take legal action. You may be entitled to recover unpaid commissions, backpay, and in some cases, additional damages such as emotional distress or other losses tied to the unpaid earnings.

If you haven’t been paid commissions you’ve earned, here are the steps you should take:

  • Calculate your commissions and put your earnings in writing
  • Reach out to your employer in writing to explain the issue
  • Keep records of all communication regarding the unpaid commissions
  • Gather evidence like contracts, emails, or written agreements related to commission terms
  • File a complaint with your state labor department or other applicable agency
  • Contact an experienced unpaid commissions attorney to help with negotiations or file a lawsuit if needed

Commission cases can quickly become complicated. That’s why it’s important to work with a legal team that knows this area of the law.

At Josephson Dunlap, we bring over 30 years of experience and a proven track record of recovering hundreds of millions of dollars in unpaid wages. We represent commissioned workers nationwide across a wide range of industries. Let us help you fight for the commissions you’ve earned.

Reach us online or by phone at (888) 992-2990. Your initial consultation is free, and there are no legal fees unless/until we recover compensation for you.

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A man in a suit and tie standing with his arms crossed. Managing Partner and Employment Law Expert, Michael A. Josephson.

MICHAEL JOSEPHSON

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ANDREW DUNLAP

Richard Schreiber, employment law attorney. A man in suit and tie smiling for the camera.

RICHARD SCHREIBER

A man in a suit and tie standing next to a wall. Wage and hour attorney David Mathews.

DAVID MATHEWS

Wage and hour attorney Oliva Beale. A woman with long hair and a white shirt.

OLIVIA BEALE

A woman in red jacket smiling for the camera. Wage and hour attorney Alyssa White.

ALYSSA WHITE

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WILL HOGG

A woman in black jacket and green shirt. Labor law attorney Julia Cline.

JULIA CLINE

A man in suit and tie standing next to a sign. Scott Stottlemyre labor law attorney.

SCOTT STOTTLEMYRE

How Employers Wrongfully Withhold or Underpay Commissions

Employers and contractors may utilize various tactics to wrongfully withhold, delay, underpay, or simply not pay earned commissions. 

Some examples include:

  • Failing to provide clear written commissions agreements
  • Not compensating for additional services rendered
  • Requiring impractically high sales targets
  • Refusing to fully pay commissions earned
  • Unjustly withholding payments based on arbitrary criteria
  • Terminating contracts without reason and refusing to make payment
  • Making deductions from commission payments without consent
  • Making unlawful deductions from commission payments
  • Unilaterally changing commission terms without an employee’s agreement
  • Paying less than the agreed-upon rate
  • Requiring employees to work for no pay to qualify for commissions

If you are involved in any type of commissions dispute with a current or former employer, reach out to the unpaid commission attorneys at Josephson Dunlap. We can help you take the necessary steps to hold your employer accountable for the commissions you have earned.

WHAT WILL NEXT STEPS BE?

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Complete the form, and we'll connect with you within one business day. For a faster response, call us at (888) 992-2990 or click our chat bubble.

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Your personal case manager will work with you to make sure you have everything you need for a strong case.

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Once your case manager has everything, you just wait while we fight for your wages. We'll keep you updated on your case results and when you can expect your money.

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