At least one California court has proposed that an employee`s commission not be reduced by the cost of credit card fees or for the employee`s use of a company phone. The court held that this type of penalty is only used to shift the cost of the activity from the employer to the worker.40 A worker`s overtime rate is generally one and a half times higher than his or her normal hourly wage.59 The commercial director filed a lawsuit under the Connecticut Wage Act seeking twice as much damages and attorneys` fees, claiming he owed unpaid wages plus interest. The company stated that it withheld the entire salary, as the employee did not repay $40,000 in commission draws that paid in more than the commissions earned. Since every situation is different and the law can be complex, employees should seek the advice of an employment lawyer if they feel a commission has not been properly paid. See Steinhebel v. Los Angeles Times Communications, LLC (2005) 126 Cal.App.4th 696, 704 [[[A] employer may legally receive commissions to its employees prior to the conclusion of all payment terms and, after agreement, recover any excess advance on commissions earned on a future advance, if the conditions are not met.“ ». ↥ Labour Code, § 510, para. (a) [„Eight hours of work is a working day. Any work of more than eight hours per working day and any work of more than 40 hours during a working week and the first eight hours worked on the seventh working day of a working week shall be remunerated at the rate of at least one and a half times the normal remuneration of a worker.“]; see also Labour Code, §511, 514, 515. As noted above, California law provides that commission agreements must be in writing.51 It is therefore unlikely that a court will require a worker to repay an employer`s advance unless the worker agrees in writing.52 if they earn a commission.