Bonus Wages must generally be paid as promised, and are considered as regular wages, unless they are designated as "discretionary" under the company policy (i.e. at the sole discretion of the company, as to whether and when the bonus will be paid).
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Sales commissions are considered to be "wages" under both Oregon and federal wage law.
Employees paid on a commission basis, are still entitled to be paid minimum wage, for all hours worked.
Commissioned employees employed in most retail or service jobs, are entitled to overtime pay, at 1.5 times their regular pay rate, for all hours worked over 40 in a workweek, unless their regular rate of pay is more than 1.5 times the current Oregon minimum wage, and over 50% of their pay, for a period of at least one month, represents commissions earned on the sales of goods or services. Employers may pay a guarantee or allow draws against anticipated commissions owed.
As with other wages, upon termination of employment, the commission must generally be paid in a timely manner (e.g. by the next business day following discharge), in order to avoid penalties for late final wage payment. However, if the commission agreement expressly provides that sales commissions are not earned by the employee until payment is received by the company, the commissions may be deferred until the amount of commission wages owed, may be calculated.
Copyright Brian A. Buchanan - Oregon Center for Employee Rights (2014). All rights reserved.