My son recently left a full-commission sales poison after 18 months. The employer was a general contractor repairing storm damaged roofs, windows and siding. All construction was done by subcontractors. The job was much more than sales. It included studying and testing to become an independent insurance adjuster, property inspections to determine insurable damage, project estimating, sales and contracting with the client, determining construction materials and quantities needed, procuring the materials, scheduling and overseeing contractors, procuring and delivering supplemental materials as needed, final inspections, negotiating payment from insurance companies, and collecting payment from clients. He was only paid commission on projects making a target profitability after 10% overhead charges by the company. He had to buy a pickup to carry equipment and materials to do his job. He was not paid any mileage, even though many jobs were 100 miles away in a different city. Is there any requirement to pay mileage for personal use when there is no salary? Does the concept of minimum wage and mileage kickback apply?
No, there is no requirement for mileage if there is no salary and, assuming he was legally a contractor rather than a statutory employee, there is no minimum wage or mileage.
Ultimately, as with the vast majority of questions, your son's rights depend on review of many more facts and any relevant documentation. If he wants legal advice he needs to hire an attorney.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
If your son was getting paid less than minimum wage after having to pay for his own fuel and travel expenses, then I do believe he may have a cognizable claim. You should consult with a experienced, Colorado-licensed attorney who does wage and hour work.
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