Is it legal to not pay commission?
James Williams
Published Mar 23, 2026
If the amount of a commission owed is referred to in a contract of employment, any non-payment of this amount is actionable by way of suing the employer for breach of contract. A court may award damages in the form of compensating the employee for monies owed.
What is an unpaid commission?
The term unpaid commissions refers to money that an employee is entitled to receive based on his or her work, but that the employer has not paid.
Can as earned commissions be charged back?
California Labor Code section 221 prohibits an employer from collecting or receiving any part of a previously paid wage. If a commission is deemed an earned wage, therefore, it is unlawful for an employer to recoup the commission in the case of, for example, a return, refund or chargeback.
How do you collect unpaid commissions?
You can pursue a wage claim in court or with the California Department of Labor Standards Enforcement (“DLSE”) to collect unpaid commissions. Commissions are your pay — and it’s wrong that your employer is keeping your pay.
Where do unpaid wages go on an income statement?
Under the accrual basis of accounting, unpaid wages that have been earned by employees but have not yet been recorded in the accounting records should be entered or recorded through an accrual adjusting entry which will: Wages Expense is an income statement account.
What is unpaid commission, an asset or a liability?
For the employer that will pay the commission, the unpaid commission is a liability. For the employee to whom the commission, it is an asset, akin to an “accounts receivable”.
Can a commission be classified as an expense?
It is also acceptable to classify it as part of the expenses of the sales department. If an employee is receiving a commission, then the company withholds income taxes on the amount of the commission paid to the employee.
When does ABC get paid for its commission?
Under the terms of his commission agreement, he receives a 5% commission on the revenue generated by the transaction, and will be paid on the 15th day of the following month. At the end of the accounting period in which Mr. Smith generates the sale, ABC creates the following entry to record its liability for the commission: