1. (1) Time. If the time a claimant spends on commission selling is part-time because of limits imposed by the limited geographical area, limited clientele, or limited products, the claimant may, upon meeting all other provisions of the Act, be allowed benefits.

2. (2) Income. Income from commission sales must be distributed over the period the commission was earned.

   1. (i) The claimant must report income during the week in which the sale is made and not when the payment is received.

      1. (ii) If it is not possible to determine the exact amount of the commission, the claimant must estimate the amount of the commission.

         1. (A) If the estimate is later determined to be wrong, the claimant must immediately notify the Department to receive assistance in making adjustments.
         2. (B) The claimant's failure to report underestimated commission income may result in claimant fault overpayments or a disqualification under the fraud provisions of the Act.

KEY: unemployment compensation, unemployed workers

Date of Last Change: October 4, 2022

Notice of Continuation: July 16, 2025

Authorizing, and Implemented or Interpreted Law: 35A-1-104(1); 35A-4-502(1)(b); 35A-4-207