My question involves employment and labor law for the state of: California

The question:


Is it legal in California to hire someone on a commission only basis? Where could I find this information or law in writing to show this stubborn kid?

My daughter has taken a job with a company that sells cleaning supplies and janitorial services to businesses. She does 100% phone solicitation, emailing & related paperwork.

They want her to sign an employment contract that specifies she is on a commission only basis, if she doesn't sell she doesnt make any money. However, the commission structure looks like it is pretty generous when she does close a sale. We did the math together on this and it looks like she would have to make several sales per week to get to what minimum wage would pay.

I've read the contract and the company is definitely making her a W-2 type of employee, not an independent contractor. She must sign a w-4 form with her contract.

Can they do this? It doesn't sound right.

Thank you