Commission / Sales Compensation Agreement - Nebraska

COMMISSION / SALES COMPENSATION AGREEMENT — NEBRASKA

This Commission / Sales Compensation Agreement ("Agreement") is made on [date] between [Employer Legal Name], of [address] ("Employer"), and [Employee Name], of [address] ("Employee"). It takes effect on [date].

1. Position and compensation

Employee's position is [job title], serving [territory or accounts] and performing [sales duties]. The regular pay period is [period], and the regular payday is [day]. Employer will pay base compensation of $[amount] per [hour / week / other period] plus the commissions described below. The parties will administer this Agreement so that pay meets applicable minimum wage requirements under Neb. Rev. Stat. § 48-1203. This Agreement does not determine whether Employee is exempt from federal overtime; any overtime owed under 29 U.S.C. § 207(a)(1) will be paid according to applicable law.

2. Commission calculation

A commission is earned when [state the precise event, such as an accepted order, delivery, or customer payment] and [state any additional objective conditions]. For any net-sale or gross-profit formula, the following items alone reduce the commission base: [itemize discounts, taxes, refunds, shipping, cost components, and allocation rules]. Employer will identify the sale, calculation, and any adjustment on the commission statement. A bonus or special incentive is earned only under the separate written terms in Exhibit [letter], if attached.

3. Payment and records

Earned commissions will be calculated [each pay period / monthly] and paid on [regular payday or stated schedule], subject to the wage payment requirements of Neb. Rev. Stat. § 48-1230. Employer will provide the wage statement required by § 48-1230(2). A change to regular paydays requires the written notice specified in § 48-1230(1).

If Employer advances a draw, the amount is $[____] per [period]. ☐ It is a nonrecoverable guarantee. ☐ It is a recoverable advance against commissions earned in [periods]. A recoverable draw balance is calculated as [method] and shown on each statement. Any deduction or withholding from wages must satisfy § 48-1230(1), including any written agreement required there; no term authorizes a reduction below wages required by law.

4. Returns and cancellations

If an order is returned or canceled, its effect on the commission is [precise calculation and timing]. An adjustment to a commission already paid will be shown on a statement with the affected order and amount. Employer may recover or offset an amount only as permitted by the wage deduction rules in § 48-1230(1) and this written Agreement. No unilateral adjustment changes a commission already earned and payable under controlling law.

5. Separation and outstanding orders

Either party may end employment subject to [any agreed notice or fixed term]. On separation, Employer will pay noncommission wages when due under § 48-1230(4). Commissions on orders delivered or on file at separation are included in wages as provided by § 48-1229(6), subject to that section's rule for a specific contrary agreement effective at the commencement of employment or at least 90 days before separation, whichever is later. The parties specify any such lawful contrary treatment here: [describe exact orders and effective date, or write "none"]. This clause does not erase commissions already earned.

Under § 48-1230.01, unpaid commission wages following separation become due on the next regular payday after Employer receives customer payment for the goods or services that generated them. Employer will periodically account for outstanding commissions until paid or the orders are returned or canceled. The accounting will identify [order, customer payment status, applicable rate, adjustments, and payment date].

6. Territory, expenses, and property

Employee's territory or accounts are [description]. A change to future assignments or commission rates requires [number] days' written notice and will not retroactively reduce commissions already earned. Employer will reimburse approved business expenses under [attached policy or specific terms] when Employee submits [receipts and deadline]. On separation, Employee will return Employer property listed in [schedule] by [date], subject to any legal right to retain copies or records.

7. Disputes and general terms

The parties will first attempt to resolve a disputed commission calculation by exchanging relevant order and payment records within [number] days after a written notice. This process does not extend a statutory filing period or delay wages already due. Any dispute will be brought in [court with jurisdiction / separately reviewed arbitration agreement], under Nebraska law.

This Agreement is the entire agreement concerning the commission formula and supersedes prior commission plans as of its effective date, except [list any preserved plans or earned commissions]. A change must be in writing and signed by both parties. If one term is unenforceable, the rest remains effective to the extent it can operate independently. Nothing in this Agreement restricts activity protected by 29 U.S.C. § 157 where that statute applies, or communications with government agencies concerning possible legal violations.

Employer
Signature: ______________________________
Printed name and title: [____________________________]
Date: [__/__/____]

Employee
Signature: ______________________________
Printed name: [____________________________]
Date: [__/__/____]

Exhibits: [Commission schedule / territory and accounts / expense policy / incentive plan, if any]