S01E13 - Are Your Commission Based Employees a Lawsuit Waiting to Happen

S01E13 - Are Your Commission Based Employees a Lawsuit Waiting to Happen

Could your standard commission pay structure bankrupt your business?

Many employers operate under the dangerous myth that paying staff entirely or heavily on commission makes them exempt from minimum wage, overtime, and vacation pay. But with the rise of remote work and digital tracking tools (like CRM software and Zoom check-ins), the legal lines have blurred.

In this Deep Dive audio, we unpack the hidden legal traps of commission-based employment. We explore a terrifying hypothetical scenario where a misclassified "travelling salesperson" is deemed a "route salesperson" by the Court—resulting in a staggering 16 years of retroactive backpay for unpaid statutory benefits.

What you'll learn in this episode:

- The critical difference between an exempt "travelling salesperson" and a highly controlled "route salesperson."

- How modern WFH tracking tools (Zoom, Slack, CRMs) can accidentally void your legal exemptions.

- Why you can never contract out of minimum employment standards—even if the employee agreed to it.

- Steps HR professionals and business owners must take today to audit their contracts and avoid catastrophic legal liability.

Don't guess about your rights. Listen now to understand the strategy behind the jargon.

Learn More by reading the full article at https://www.htwlaw.ca/post/are-your-commission-based-employees-a-lawsuit-waiting-to-happen

Contact us for a free No-Obligation Lawyer consultation at (647) 849-6582 or email us at info@htwlaw.ca or learn more about various issues on employment law free of charge at www.htwlaw.ca

Video Podcast = https://www.youtube.com/playlist?list=PLNZN6hlImSnbQp8yHfh_VWbWtDJ1qhOfj

Spotify Audio Podcast = https://open.spotify.com/show/1hXtx9hciThI3ikv62MYFD

Apple Podcast = https://podcasts.apple.com/us/podcast/employment-law-insights/id1873876475

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Episoder(25)

S01E25 - Forced Back to the Office - The Hidden Legal Trap of RTO Mandates and Constructive Dismissal

S01E25 - Forced Back to the Office - The Hidden Legal Trap of RTO Mandates and Constructive Dismissal

Are you being ordered back to the office after successfully working from home for years? This deep dive breaks down the complex legal reality of Return to Office (RTO) mandates in Canada and explains ...

4 Okt 26min

S01 E24 - Is Your Promotion a Trap - Unpaid Overtime & Employment Law Explained

S01 E24 - Is Your Promotion a Trap - Unpaid Overtime & Employment Law Explained

Getting promoted to manager often feels like crossing a finish line, but that flat salary can quickly become a legal trap designed to avoid paying you overtime. In this deep dive into Canadian employm...

30 Aug 22min

S01E23 - Fired in Canada - Why Your Industry Changes Your Legal Rights

S01E23 - Fired in Canada - Why Your Industry Changes Your Legal Rights

Imagine getting called into your boss's office on a random Tuesday and getting unfairly fired. Your first instinct? Sue them! But in Canada, the rules completely change depending on who signs your pay...

23 Aug 27min

S01E22 - Fired for Starting a Union - The Hidden Legal Trap

S01E22 - Fired for Starting a Union - The Hidden Legal Trap

Fired for whispering the word "Union"? Here is the ultimate legal deep dive into what happens next.In this episode, we unpack the intense, high-stakes legal collision between an employer's right to ma...

18 Aug 23min

S01E21 - AI, Drug Charges, Perceived Disability - Why a Routine Background Check Could Cost Your Company Millions

S01E21 - AI, Drug Charges, Perceived Disability - Why a Routine Background Check Could Cost Your Company Millions

Think firing an applicant over a federal drug charge uncovered during a background check is a safe bet? Think again. In this deep dive, we break down the complex and often counterintuitive landscape o...

4 Aug 22min

 S01E20 - Fired After Relocating - Ultimate Guide to Wrongful Dismissal and Inducement

S01E20 - Fired After Relocating - Ultimate Guide to Wrongful Dismissal and Inducement

Did you leave a secure, long-term job for a massive new opportunity... only to get fired months later? You aren't out of luck.In this deep dive, we unpack the legal minefield of executive recruitment,...

3 Aug 25min

S01E19 - The Ultimate Guide to Executive Severance Packages in Ontario

S01E19 - The Ultimate Guide to Executive Severance Packages in Ontario

Title: Why "Iron-Clad" Corporate Contracts Fail in Ontario: Executive Severance Explained Description: In this deep dive, we explore the highly chaotic and lucrative battlefield of executive severance...

25 Jul 27min

S01E18 - Why a Missing Comma Costs Employers Millions - Ontario Employment Law 2026

S01E18 - Why a Missing Comma Costs Employers Millions - Ontario Employment Law 2026

Title: Why a Missing Comma Costs Employers Millions | Ontario Employment Law 2026Description:Imagine an office building collapsing because a single screw was removed on the 12th floor. In the highly r...

25 Jul 19min

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