Can I be Paid Only on a Commission Basis?

Commission-Only Pay in Massachusetts: Compliance and Legal Considerations

It is not necessarily unlawful to pay someone on a commission-only basis. This means there is no hourly wage or base salary, and the employee is paid only a percentage of the business they bring in.

There are a few things you should know about commission-only pay:

The total compensation still must meet at least minimum wage.
If the job is not exempt from overtime, the total compensation needs to also account for the premium for hours worked over 40 in a week.
Commissions are still wages, and still subject to the timely payment requirements of the Massachusetts Wage Act.

If you have a question about your commission pay structure and whether it complies with Massachusetts wage and hour laws, you should consult an employment attorney.

Learn more here about payment of commissions in Massachusetts.