When my employees get sales commission in the middle of the month, can I hold off the payment until regular payroll?

Head of Financial Partnerships, Xero Americas
min read
Opinions expressed by Entrepreneur contributors are their own.
This is an interesting question as many real estate agents are normally treated as independent contractors and not employees with a salary.

Before I provide a recommendation, I am wondering if there is a compensation clause in each of the employee contracts addressing this matter. Any existing contract you have with your employees regarding compensation, especially in terms of commissions, if stated would dictate how often you should be paying your employees.

If the contract with your employees does not include compensation details related to commissions then frequency of payment would be at your discretion. If you are wondering if there is any specific state or national law governing how frequently brokers must pay their agents, no such law exists.

For your situation, it all depends on the legal language in the employee contracts. So, I would advise you to review those contracts.

Keep in mind that the industry standard for brokers to pay their real estate agents is typically as soon as the check is received from the buyer or seller of the real estate transaction or within three to five business days.

I understand that from an administrative stand point it would be easier to just pay each agent on a set date each month. However, I'm assuming you submitted your question because your employees may have complained about how often they get paid their commissions? There is value in keeping your employees happy, especially your top-performers, and paying them consistent with the rest of the industry.

I don't know all of the details of your specific business situation but sometimes if the cost is minimal, you have to make a business decision to keep employee morale high.
More from Entrepreneur
Our Franchise Advisors are here to help you throughout the entire process of building your franchise organization!
  1. Schedule a FREE one-on-one session with a Franchise Advisor
  2. Choose one of our programs that matches your needs, budget, and timeline
  3. Launch your new franchise organization
Discover the franchise that’s right for you by answering some quick questions about
  • Which industry you’re interested in
  • Why you want to buy a franchise
  • What your financial needs are
  • Where you’re located
  • And more
Make sure you’re covered for physical injuries or property damage that occur at work by
  • Providing us with basic information about your business
  • Verifying details about your business with one of our specialists
  • Speaking with an agent who is specifically suited to insure your business

Latest on Entrepreneur