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Boss Makes Sales Rep Hourly After Commission Cap, Rep Finds A Way To Make $2K More

by Leona Pham
November 6, 2025
in Social Issues

When a company makes a questionable decision, it’s easy for employees to feel stuck. That’s exactly what happened when a sales rep learned that after hitting their commission cap, they were suddenly paid hourly instead of salary.

However, instead of walking away, this employee chose to turn the situation into an opportunity, discovering that the system could be worked to their advantage.

By tweaking their schedule just a bit and racking up overtime, they ended up making far more than anticipated, much to the company’s dismay. Keep reading to find out how this clever employee turned an unpleasant situation into a financial windfall.

A sales rep switched from a salary to hourly without notice to prevent post-commission coasting

Boss Makes Sales Rep Hourly After Commission Cap, Rep Finds A Way To Make $2K More
not the actual photo

'Oh, you've made me hourly instead of salary because you're afraid I'll stop selling after I hit my commission cap? Should've just let me stay home?'

Years ago, I was an "inside sales" rep for a simultaneously large and tiny company in a niche market.

The quotes are because it was at least equally outside sales, I just didn't go outside except to smoke (I've since quit).

They had about 50 branches across the country of various sizes.

The smallest was literally one guy who processed local orders and used hot shots for delivery; the largest had about 50 employees.

I made 6 for my branch. I was literally the first salesman with a background in anything resembling sales

that my branch had ever hired (they'd always hired the least socially awkward industry professionals they could prior to me),

and they'd had their CSR doing the selling for over a year until I came on, so expectations were high.

When they hired me, we had somewhat heated negotiations over the comp plan. It was a $42k base salary + commission with a $56k OTE and $65k cap.

I asked what I was meant to do after I hit the cap; to which they replied, "Continue to do your job?"

as if I wasn't going to have a problem with generating new business for free.

I said that I was gonna need a bonus structure beyond the cap if they wanted me to do any more hunting after that point.

I made it clear that I'd service my accounts when they called, but I wanted to be clear that they were going to be disappointed

if they expected me to make outbound calls looking for new business after I'd maxed my comp plan,

and that I'd definitely enjoy the extra time at home with my family over the holidays.

They said they understood, and we went through the onboarding.

I worked almost exactly 40 hours for almost 2 months (early October- early December) before I had jury duty and missed a day.

My check was about $150 light compared to what it had been, so I complained to payroll (benefits kicked in at 90 days).

That's when I found out I was making $21/hr and was not, in fact, pulling a salary.

Presumably, this was to force me into the office, as we didn't have remote access to the local network that logged our hours, just the ordering/inventory software.

I didn't get even a prorated Christmas bonus because that counts as "benefits," and you have to work 90 days to receive those.

Cue malicious compliance. I discovered that if I left the house 30 minutes earlier, my 80 minute commute would take less than 25,

so instead of showing up around 8:30 and chilling in my car for a bit so I was working at 9, I was there at 7 with the warehouse guy,...

I started working through lunch as I ate at my desk as opposed to burning an hour off campus or in the break room

(I didn't even realize I was losing an hour/day to lunch)

I also discovered that if I stayed til 6:30, I'd get home by 7, as opposed to leaving a little after 5 and getting home around 6:30.

So, I spent an extra 5 hours/wk away from home and worked an extra 22 compared to the 35 I was getting paid for before I figured it out.

With the OT, I was clocking north of $2k more than intended every month, and oddly enough, no one even noticed

until the internal auditor verified W2's and noticed that I made significantly more than the branch manager.

I didn't hit my commission cap until late November, so I spent the rest of the year "training" with the tech and/or warehouse guy. Both stoners.

They tried to put me on the same salaried comp plan I'd originally agreed to, but it was enough of a pay cut to qualify for constructive dismissal,

so I got to quit and still collect unemployment for a month before I found another gig

In this scenario, an inside sales representative negotiated a “salary + commission” structure that the employer later altered by changing him to an hourly rate.

The shift in classification reportedly was tied to the company’s concern that, once the rep reached his capped commission, he might reduce outbound efforts, thus affecting sales volume. The rep responded by working significantly longer hours and generating overtime pay, turning what the employer hoped would limit costs into increased compensation.

From a legal standpoint, the Fair Labor Standards Act (FLSA) mandates that most non‑exempt employees be paid at least the federal minimum wage and receive overtime pay (at one and one‑half their regular rate) for hours worked beyond 40 in a workweek.

The distinction between salaried (often “exempt”) and hourly (typically “non‑exempt”) is not merely one of payment form, it depends on job duties, salary basis, and eligibility for overtime. DOL

The company’s reclassification raises key compliance issues. If the role was originally described as a “salary plus commission” and aligned with expectations of outbound hunting of new business, reducing that to an hourly rate (and presumably subjecting the rep to overtime eligibility) disrupted the initial agreement and may reflect unfair labor practice.

The rep’s discovery of an hourly rate ($21/hr) and subsequent accrual of significant overtime suggests the company may have mis‑classified the role or changed the basis of compensation without fully accounting for overtime risk.

Behaviorally, the sales rep’s “malicious compliance” with the hourly system is ironic: rather than reducing effort after commission cap, he intensified hours to benefit from overtime, arguably performing his job as defined (hunting and servicing) but under the newly imposed structure.

This shift draws attention to how compensation design can influence behavior: if commission caps discourage further activity, hourly eligibility for overtime inadvertently incentivizes overtime work.

From a practical advice perspective:

Employers should provide clear, documented compensation structures, particularly before employment begins. Changes from salary to hourly or vice versa should be clearly communicated and legally compliant.

Employees should monitor classification (exempt vs non‑exempt), hours worked, and whether the employer’s expectations align with the compensation plan. If capped commissions disincentivise effort, clarifying expectations in writing is wise.

Both sides benefit from transparent dialogue when roles evolve: if outbound “hunting” is expected after cap, a second tier of compensation or bonus may be more effective than shifting the pay basis.

Here’s the comments of Reddit users:

This group highlighted how common it is for companies to misunderstand or undervalue the role of salespeople

tuna_tofu − I recently had a company of only 200 employees tell me they do offer letters because they are a small company.

EVERY company I have ever worked for GINIRMOUS (100k employees) OR TINY (30) did offer letters.

I want terms and pay spelled out so there's no waffling or backtracking.

GrindItFlat − I'll never understand managers/owners who try to "save money" by underpaying sales people.

Literally every dollar that salesperson takes, home, she's putting 5-10 dollars into the company.

"OMG, this guy made us too much money, let's shut him down."

It's like if you were buying $5 of materials, putting in $5 of labor, and selling the widget for $20.

"That third shift made 1000 widgets, that cost us $10,000! Shut it down!"

These commenters shared their own experiences with inefficient and exploitative pay structures in sales

pokemon-gangbang − I work for a city, and at one point the police department ended up working extra hours

because one of the employees was out on extended sick leave.

The way their contract was written had something that basically said they would cover shifts for ill employees

without extra pay as long as it was less than 2 hours per shift.

So people would come on 2 hours early or stay two hours late. Always seemed fair to me since everyone did their part.

Anyway police threw a fit about the contract they basically wrote and demanded that they get OT or didn’t have to work extra.

They were all salary employees so this wasn’t usually an issue until now.

City Council said that they didn’t have to work more than 40 hours a week and they would just go without police coverage part of the day,

usually in the middle of the night to early morning. If they did work more than 40 they would get double time.

Thing is, they modified the contract that covered all emergency personnel for the city that said we didn’t have to work more than 40 hours a week.

Those of us over at the fire/EMS department work 96 hours a week. 48 hours on, 48 hours off.

Since the contract changed the council made it do over half our week was now double time.

Council s__t a brick once they realized they just gave us huge raises and said that the contract didn’t include us in wage increases (which it absolutely did).

They rewrote it in a way that said we didn’t get the pay increase the police were getting but missed the part about not working more than 40 hours.

Half way through the first week after the change we asked them when they were going to hire a bunch of new medics to cover the rest of the week,

since we had already all capped out our time. Now as an agency it would be illegal to not respond to emergency medical calls (failure to act).

But since we were no longer allowed to work more than 40 hours,

we were going to have to leave our first shift 8 hours early and it was on the city to make up for the lack of available employees.

We ended up negotiating a new contract that included some things we had been asking for for years and we continued to work our normal shifts,

but it was fun watching them try to explain why it was okay to bend over backwards to do whatever the police wanted

while trying to s__ew over the medics and firefighters. Local paper had a field day with that.

Orion14159 − I've never understood the logic of putting anyone in sales on a structure other than commission or base + commission.

You're giving them an incentive to stop selling (or never sell at all if they're straight hourly)

This trio voiced their frustration with companies that cap commissions or impose arbitrary pay limits

goddessofwitches − My husband is in sales. He landed their biggest project yet by several zeros and then the day of,

once the purchase order went thru they capped his commission. It fully prevented the commission from matching that PO %.

I'm still ugly mad over it and it's been 3 yrs.

0RGASMIK − Growing up one of my friends dad was always home.

I thought he was a deadbeat but apparently he had structured his sales contract so well that with one big sale he was set for life so long as if...

I was 12 when he explained it to me so I don’t know the details of his contract

but basically he made a nickel for every case of juice that sold through his contracts.

He had secured the contract for a national chain of grocery store.

He had some other small contracts he managed as well but once he got that big fish he capped out his commission and decided to do the bare minimum.

He attended meetings and would help when it was asked of him but basically,

he just checked email a few times a day and answered the phone when it rang.

He would obviously also check in regularly with his big fish to make sure they were happy.

windowseat4life − I've worked sales jobs where I had an hourly wage & a cap on my commission I could make for each pay period.

Once I met my max commission I would push off sales leads until the next pay period.

There's no incentive to bring in new leads when I didn't get commission for them.

But pushing them off, even for a short time, could mean we lost that potential customer.

Unfortunately, the management & owners never thought about that or maybe didn't care?

It's a stupid way to set up pay structure for sales positions. The company is the one who loses out, not the employee.

These users pointed out how the sales industry can foster toxic attitudes due to commission structures that reward selfishness and lack of collaboration

DoctorWaluigiTime − So, you apparently signed something saying "yes, I'm salary", and then you weren't?

S__ew malicious compliance, that's a contract lawsuit giftwrapped. Unless of course you didn't sign anything and these negotiations were verbal.

Orionite − They tried to s__ew you over and you got your MC revenge. Well done! I gotta say though: after working in IT,

building sales tools for over 10 years, sales people are generally the most demanding and pampered employees in the company.

Their coin operated attitude can be pretty toxic, especially when you have sales engineering or other functions involved.

When IT has to work weekends or late, to conference with offshore, they don’t get more money,

but don’t you dare ask a rep to lift a finger for anything that doesn’t contribute to quota.

These commenters echoed the idea that capping commissions is not only unfair but detrimental to the company’s growth and long-term success

yamaha2000us − Yeah, The best way to not motivate your sales force is to give them a quota with no bonus structure.

dajur1 − I just did the math and at $21 an hour plus 2k equals about 67k per year.

The same amount as your cap, plus you have to work a ton of overtime. Am I missing something?

[Reddit User] − Capped commission is the dumbest thing any company can do.

If I have to pay someone 15 cents (or whatever the rate) for every dollar they bring in, it's a no-brainer.

Why would anyone continue to bring money in after they stop getting paid for it.

Was the grind genius or grueling? Would you UI-claim faster, or cap-proof contracts? How do you commission-crush caps? Clock your capers below, we’re totaling the triumph!

Leona Pham

Leona Pham

Hi, I'm Leona. I'm a writer for Daily Highlight and have had my work published in a variety of other media outlets. I'm also a New York-based author, and am always interested in new opportunities to share my work with the world. When I'm not writing, I enjoy spending time with my family and friends. Thanks for reading!

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