Take Control of Your Career: How Kaplan Law Can Help When Work Goes Wrong

Almost every salesperson knows the drill: if your commission isn’t paid, you email, call, or escalate the issue to HR or your manager. You make a fuss and try to get the money you’re owed. Unfortunately, in states like Texas, there’s little protection if you’re fired for speaking up. Shockingly, it’s not illegal in many cases. Most people try to handle it themselves, which is understandable. But if that approach doesn’t work, and there’s a significant amount of money at stake, it’s time to consult an attorney. A lawyer can review your situation and help determine if your rights have been violated. For example, if your commission was withheld under a discretionary commission plan, there may not be a strong case. However, there could be other legal violations—like unpaid overtime—that you’re unaware of. In fact, we often uncover additional issues during our consultations, making it worthwhile to check in with a lawyer. One common mistake we see is people relying on advice from unqualified sources. Sales workers often turn to LinkedIn or other platforms for guidance, listening to "talking heads" offering free advice. The problem? Most of these individuals aren’t attorneys, and their advice is often incomplete or outright incorrect. This misinformation can lead to missed opportunities for salespeople to recover what they’re owed. Even at Kaplan Law, we don’t offer cookie-cutter advice. Each case requires a detailed analysis to understand how the law applies to your specific circumstances. That’s why taking the time to consult with a qualified attorney is critical. To put it in sales terms: there’s a lot of money on the table, and sales professionals are leaving it there by not seeking proper legal guidance when something feels off. If you suspect a problem with your pay or treatment, consulting with an experienced lawyer can make all the difference in getting what you deserve. If you’re a salesperson who feels mistreated or underpaid, here are the steps you should take: Understand Your Pay Structure: Review your employment contract, commission plan, and any policies regarding overtime or bonuses. Track Your Hours: If you’re inside sales, document the hours you work, especially overtime, to identify potential violations. Keep Records of Communication: Save emails, texts, and other documentation related to commission disputes, quotas, or workplace grievances. Know Your Rights: Learn about your protections under the FLSA and local labor laws. Consult an Attorney: Reach out to a law firm experienced in employment rights. We can help assess your case and guide you through your legal options. Why It Matters Sales employees deserve to be compensated fairly for their hard work. Companies that exploit their sales teams not only violate the law but also undermine the value of their workforce. In Austin, where tech companies frequently relocate for cost savings, ensuring fair treatment for sales employees is more important than ever. If you’re a sales professional facing unfair pay or workplace mistreatment, know that you don’t have to face it alone. We’re here to fight for your rights and help you get the compensation and respect you deserve.

Sales employees play a critical role in generating revenue for their companies. Yet, far too often, they are undervalued, overworked, and unfairly compensated. At our firm, we’ve seen countless cases where salespeople are promised fair pay—only to face broken promises, discrimination, or outright exploitation. Sales teams face unique challenges, from unrealistic quotas to retaliatory treatment when they stand up for their rights. In our work, we’ve had significant success in helping sales employees who’ve been wronged. Whether it’s recovering unpaid commissions, addressing overtime violations, or challenging discrimination, we’re here to ensure salespeople are treated fairly under the law. The Challenges Sales Employees Face Breach of Commission Contracts or Incentive Plans: We've noticed as a team that one major problem that is occurring for sales employees is companies are breaching their commission contracts or incentive plans. Many sales roles include a base salary plus commission. However, when it comes time for companies to honor their incentive plans, the promised commissions often vanish into "fine print." Companies frequently make earning commissions unnecessarily difficult, leaving salespeople shortchanged for the revenue they helped generate. We believe this is where we can truly make a difference for people. At Kaplan Law, we know the law and have many tactics in our toolkit to resolve these issues without litigation whenever possible. However, when litigation becomes necessary, we’ve had significant success, securing favorable outcomes for our clients. Overtime Violations: Shockingly, many salespeople don’t realize they’re legally owed overtime pay if their base salary outweighs their commissions. Many companies have adjusted their job descriptions to clearly classify employees as hourly roles with overtime, aiming to avoid the additional costs associated with overtime pay that commission-based employees are often entitled to. At Kaplan Law, we have brought numerous cases against various tech companies, including TikTok. When the sales force operates on a base-plus-commission structure, but w base salary exceeds the commission for inside sales roles, it violates labor laws. This practice is not allowed, and we’re committed to holding companies accountable. There seems to be a significant misconception about employment laws among both workers and management in the sales industry. Unfortunately, management often takes advantage of this misunderstanding. They might offer a high base salary with commission but then make earning that commission exceedingly difficult. While employees are led to believe meeting their targets will be straightforward, the reality is far more complicated. Companies often shift the burden onto employees, expecting them to work long hours—nights, weekends, early mornings—sacrificing personal time and family moments like attending their kids' games, all to close sales. Yet, despite the grueling hours, employees don't receive additional pay for their efforts. This creates a frustrating situation. While sales employees may earn decent pay, it’s often not proportional to the time and energy they invest. Oddly enough, we’ve noticed that employees struggling to meet their numbers often end up working the longest hours, trying desperately to catch up. And companies? They’re fine with it, as it costs them nothing extra. If this were a clerk or hourly employee, the law would mandate overtime pay for those additional hours. Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime, yet many companies in the sales industry fail to comply. At Kaplan Law, we’re one of the leading firms tackling these issues. One particular area we focus on is what’s known as the 7(i) exemption under the FLSA, which governs how sales employees are compensated. Many salespeople don’t even realize their rights are being violated. That’s why we ask crucial questions when they reach out: How are you paid? How many hours do you work? Does your base salary exceed your commission? Are you predominantly working inside sales? In today’s world, most sales work is done remotely—via Zoom, WebEx, phone calls, or emails—whether from home, an office, or another location. Face-to-face sales interactions, such as meetings with customers at bars or restaurants, have become increasingly rare. This shift to inside sales has led to countless violations of labor laws, but few workers are aware of the problem. At Kaplan Law, we take pride in educating and supporting our sales clients. We understand the challenges they face—the relentless pressure to perform, the "what have you done for me lately?" mindset of many companies, and the lack of recognition for their efforts. Salespeople can bring in millions for their employers one quarter, only to face unreasonable demands the next. We’re here to help sales employees fight back, protect their rights, and ensure they are paid what they’re owed under the law. Discrimination and Retaliation: Sales employees are often subjected to unfair treatment, such as being penalized for taking medical or parental leave or being discriminated against based on pregnancy, age, or other protected statuses. Burnout and Underappreciation: Sales is a high-pressure field with demanding hours, yet companies often fail to recognize the toll this takes. Many salespeople work weekends, late nights, and holidays, only to face relentless pressure for results without fair compensation for their efforts. Our Commitment to Sales Employees At our firm, we specialize in protecting the rights of sales professionals. We’ve successfully resolved cases where companies failed to pay commissions, misclassified inside sales roles to avoid paying overtime, and mistreated employees who stood up for their rights. We understand the unique challenges of the sales profession. The pressure to deliver, combined with a lack of job security, can leave even the best salespeople vulnerable. We’re here to level the playing field, holding companies accountable and ensuring fair treatment for hardworking sales teams.