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OTE Meaning: What On-Target Earnings Really Is

OTE means On-Target Earnings: base salary plus variable pay at full quota. It is not guaranteed, and the number is only as honest as the quota behind it.

Nick Anisimov

Nick Anisimov

FirstHR Founder

Payroll
22 min

OTE Meaning

On-Target Earnings: base plus variable at full quota. The formula takes four seconds, and then you have to invent the quota, which is the part nobody writes about

Every explanation of OTE gives you the formula, and the formula takes four seconds. Base salary plus variable pay at full quota. Done.

And then you sit down to actually set one for a real person you are about to hire, and you realize the formula told you almost nothing, because the entire number hinges on a quota you are about to invent, and you have no idea whether that quota is achievable, because nobody has ever done this job at your company before.

That is the real problem with OTE at a small business. Not the arithmetic. The arithmetic is trivial. The problem is that OTE is a projection dressed up as a number, and a projection built on a quota you made up in ten minutes is not a compensation package. It is a story you told a candidate, and they are going to find out. So this covers the definition properly, and then spends most of its time on the parts nobody writes about: how to set the quota, what pay mix actually says about who carries the risk, and the legal obligations that attach to commission the moment you start paying it. I build FirstHR, which is where compensation records live. This is general information rather than legal advice, and commission law is unusually state-specific.

TL;DR
OTE stands for On-Target Earnings (or on-track earnings). It is base salary plus variable pay at 100 percent of quota. A $60,000 base plus $40,000 in commission at target is a $100,000 OTE. Critically, only the base is guaranteed. The rest is earned, and at 60 percent of quota the employee earns 60 percent of the variable half, not the full number. Which means the OTE is only as honest as the quota behind it, and a quota invented without data produces a figure that is technically accurate and practically a lie. And the moment you pay commission, three obligations attach: a written agreement in several states, commission included in the overtime rate for non-exempt staff, and in some jurisdictions publishing the range in the job ad.

What Does OTE Mean?

OTE stands for On-Target Earnings. It is the total a salesperson would earn if they hit exactly 100 percent of their quota.

Definition
OTE (On-Target Earnings)
OTE, an abbreviation for On-Target Earnings and sometimes expanded as on-track earnings, is the total compensation an employee would receive if they achieved 100 percent of their performance target, typically a sales quota. It is composed of two parts: a guaranteed base salary, and a variable component such as commission or bonus that is earned only through target attainment. It is calculated as base salary plus variable pay at full quota. OTE is not guaranteed compensation: only the base is. It appears most commonly in sales job advertisements and offer letters, where it communicates the earning potential of a role without committing the employer to paying it.

Three things follow, and each of them is somewhere an employer goes wrong.

It is a projection, not a promise. The word target is doing enormous work in that acronym, and it is the word people skip over. An employee at 60 percent of quota earns their base plus 60 percent of the variable half. Not the OTE.

It contains the base. Not adds to it. This is a constant source of confusion at offer stage, where a candidate sees a $120,000 OTE, remembers a base figure from somewhere else in the posting, and mentally adds them together.

The number is only as good as the quota. Which is the thing this article is actually about, and which we will come back to.

The Formula

Here it is, and this is where most explanations of OTE stop.

The formula, which takes about four seconds
Base salaryGuaranteed. They get this regardless
+
Variable pay at 100 percent of quotaNot guaranteed. Earned only if they hit target
=
OTEOn-Target Earnings
A $60,000 base plus $40,000 in commission at full quota attainment is a $100,000 OTE. That is the entire calculation, and it is the easy part. The hard part is the amber box, because the number in it depends on a quota you invented, and almost nobody writes about that.

The variable half is usually commission, though it can be a bonus tied to targets, or a mix. And it is defined at target. That phrase is the whole thing. A $40,000 commission component means $40,000 if they hit quota, $20,000 if they hit half of it, and $60,000 if they hit 150 percent and you have accelerators.

Which is why the split matters more than the headline. A $100,000 OTE at 50/50 and a $100,000 OTE at 70/30 are different jobs. One guarantees $50,000, the other guarantees $70,000. Advertised with the same number.

OTE Salary, OTE Compensation, OTE Pay

People say this six different ways and they all mean the same thing. Worth clearing up, because the variations show up in job ads and offer letters interchangeably.

Every way people say it, and what each one means
OTEOn-Target Earnings. The standard term
OTE salaryNot really a salary. People say this to mean the total OTE figure, which is confusing because only part of it is salary
OTE compensationThe same thing. The full package: base plus variable at target
OTE paySame again
On-track earningsThe British phrasing. Identical concept, and you will see it in UK job ads constantly
OTE packageThe whole structure: base, variable, quota, accelerators, and the rules
They are all the same thing, which is a small mercy. The one worth avoiding in your own writing is OTE salary, because it implies the whole figure is guaranteed, and it very much is not.

The one to be careful with is OTE salary, which is a slightly dangerous phrase. It implies the whole figure is a salary. It is not. A salary is guaranteed and OTE is not, and using that phrasing in your own offer letter is exactly the kind of small imprecision that becomes a large argument.

OTE Is Not a Salary, and Saying So Is Your Job

The single most common failure in an OTE package is not a bad number. It is an unclear one.

Say Which Half Is Guaranteed. In Writing.
A candidate who accepts a $100,000 OTE and discovers nine months later that they are earning $78,000 because attainment was 45 percent has not been treated fairly, even if every word in the job posting was technically accurate. State the base and the variable separately, in the posting, in the offer letter, and in the commission agreement. Say explicitly which part they get regardless and which part they have to earn. It costs you nothing, it costs you no candidates, and it prevents the conversation that ends with somebody leaving and telling everybody why.

This is not a legal point. It is a retention point. The employee who feels misled about their compensation does not file a complaint. They just start interviewing, and you find out in an exit conversation that the number they accepted was never real, and by then you have paid the full cost of turnover for a problem that was a paragraph of clarity away from never happening.

You Have to Invent the Quota, and That Is the Whole Problem

Here is the section that does not exist in any other article on this topic, and it is the one that matters if you are a small business.

OTE is arithmetic performed on a quota. And at a company with an established sales team, the quota comes from data: historical attainment, conversion rates, pipeline velocity, average deal size, across many people over many quarters. It is a defensible number.

At a fifteen-person business making its first sales hire, the quota comes from a founder, an afternoon, and a hope. And that is the number the whole OTE rests on.

How a perfectly honest employer advertises a number that is not true
The number in the job ad$100,000 OTE
$60,000 base, $40,000 variable at 100 percent of quota. Looks great in a posting and gets you candidates
What the quota actually requires$1.2M in new business
You picked this figure in about ten minutes, based on what you would like to happen this year
What anyone has ever actually sold here$540,000, by you, part-time
Because you are the founder and you were also doing everything else. There is no historical data on this role because the role has never existed
What the hire will realistically earnAround $78,000
45 percent of an invented quota is not underperformance. It is the quota being wrong, and they will conclude you lied
Nobody lied. The founder genuinely believed the quota was achievable, because the founder had no basis on which to believe anything. And the salesperson, nine months in, earning thirty percent less than the number they accepted the job for, does not care what the founder believed. They are already interviewing.

Nobody lied in that scenario. That is what makes it so common. The founder genuinely believed $1.2M was reasonable, because the founder had no basis on which to believe anything at all, and $1.2M felt like a number that would make the hire pay for itself.

And the salesperson, nine months in, at 45 percent of a quota that was never achievable, is not underperforming. They are hitting an invented target at the rate an invented target gets hit. But their bank account does not know that, and neither does their partner, and they took this job for $100,000.

Build the Quota From Something Real, Even If It Is Thin
You have less data than you think and more than you believe. Your own closed deals. Your conversion rate from conversation to customer. Your average deal size. Your sales cycle. It is a small sample and it is contaminated by the fact that you are the founder and you close differently. But it is evidence, and a quota built on thin evidence is a fundamentally different object from a quota built on a number that felt right. Then ask the question that settles it: has anybody, ever, actually sold this much here? If the honest answer is no, you are not setting a target. You are transferring your uncertainty onto somebody else's income.
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Pay Mix by Role

Pay mix is the split between base and variable, and it is the most consequential decision in the whole package. The convention in SaaS sales is a 50/50 split for closing roles, with other roles adjusting from there.

Pay mix by role, and the one that matters to you
SDR or BDR
70 / 30Mostly base. They book meetings rather than close deals, so they control less of the outcome, and the variable portion should reflect that
Account Executive
50 / 50The conventional split for a closing role. Half guaranteed, half earned. This is the shape most SaaS sales comp takes
Sales Manager
60 / 40 to 70 / 30More base than the people they manage, because they are leading rather than personally closing, and the variable is usually tied to team attainment
Your first sales hire
Higher base than the textbook saysYou have no proven playbook, no leads, no data, and no historical attainment. They are absorbing your uncertainty, and a 70 / 30 or 60 / 40 is honest about that
Read the last row as the whole point. Pay mix is a statement about who carries the risk. A 50 / 50 split at an established company with a proven motion is reasonable. The identical split at a five-person business with no playbook is asking the salesperson to bet half their income on your hypothesis.

But read that table as a statement about risk rather than a table of norms. Pay mix answers one question: how much of this person's income depends on things they control?

An account executive at an established company with a proven playbook, inbound leads, a working product, and colleagues who hit quota is being asked to bet on their own performance. A 50/50 split is a fair bet, and a good salesperson will take it happily, because they back themselves.

For the total, before you split it, the Bureau of Labor Statistics occupational wage data gives you median wages by occupation and metro area, for free. It is broad rather than precise, and broad is a considerably better anchor than a number you liked.

Your first sales hire, at a business with no playbook, no marketing engine, an unproven pitch, and no evidence that anybody can sell this thing repeatedly, is being asked to bet on your hypothesis. Which is a different bet entirely, and pretending it is the same one by offering a textbook 50/50 is how you end up hiring the person who could not get a job somewhere with a working sales motion.

Pay Mix Is a Statement About Risk
The conventional pay mix for a closing sales role in SaaS is 50/50: half guaranteed base, half at risk. An SDR who books meetings rather than closing them typically sits closer to 70/30, because they control less of the outcome. Read those numbers as a rule about control rather than a rule about seniority. The more of the result a person genuinely determines, the more of their income can reasonably depend on it. At a business with no proven sales motion, the person controls almost nothing, and a textbook split quietly transfers your uncertainty onto their household budget.

Setting OTE for Your First Sales Hire

The specific case, because it is the one almost nobody writes about and it is the one a five-to-fifty-person business actually faces.

1
Anchor the total on the market, not on your hopes
Find what this role genuinely pays in your area. Public wage data and published job postings are both free, and increasingly the postings contain ranges because the law requires them to. That figure is your total OTE.
2
Weight the split toward base
Higher base than the textbook says. You have no playbook, no leads, and no proof anybody can sell this. A 70/30 or 60/40 is not weakness. It is an accurate description of who is carrying the risk.
3
Build the quota from your own evidence
Your closed deals, your conversion rate, your deal size, your cycle length. Thin and contaminated data still beats a number that felt right on a Tuesday.
4
Then discount it, because you closed those deals as the founder
You had the relationships, the credibility, and the ability to promise things. A new hire has none of that in month one. If your data says $600,000, do not hand somebody a $1.2M quota on the theory that a professional will do twice as well.
5
Write down what happens in every awkward case
When is a commission earned: at signature, at invoice, or at payment? What happens to a deal that closes after they leave? What happens on a refund? These questions have answers whether or not you write them down, and if you do not, the answer will be decided by somebody else.
6
Revisit it at ninety days, and say so upfront
You will be wrong. Tell them you expect to be wrong, tell them you will look at it again once there is real data, and then actually do it. A quota you correct honestly is survivable. A quota you defend against evidence is not.
What worked for me
My first sales hire had a quota I invented, and I want to be precise about how I invented it: I took the revenue I wanted, divided it by the number of salespeople I had, which was one, and that was the quota. There was no other input. I would like to tell you I did some analysis. I did not. And the number was, predictably, not achievable, and the person hit around half of it, and half of it was actually a decent outcome for a first hire with no playbook, and it did not matter at all, because they had accepted an offer with a number on it and the number was not real. They left. What I do now is unglamorous. The quota gets built from actual closed deals, discounted for the fact that I closed them as the founder and a new person cannot. The base is higher than any comp benchmark would tell me to make it. And the offer letter says, in plain sentences, this is guaranteed and this is not. I lose nothing by saying that. I lost a person by not saying it.

Capped vs Uncapped

The decision everybody agonizes over, and it is simpler than it looks once you see what each option is actually saying.

Capped or uncapped, and what each one actually says
Capped
For you: Your comp expense is predictable. You can budget. Nothing surprising happensAgainst: You have told your best salesperson that beyond a certain point, additional revenue earns them nothing. Guess what happens to the deals that would have closed in December
Uncapped
For you: Nobody stops selling. Ever. And the person who blows past quota is the best problem you haveAgainst: Your comp expense is a function of performance rather than a number in a spreadsheet, which is uncomfortable when you are small and cash is tight
Uncapped with accelerators
For you: The rate goes up past 100 percent of quota, which explicitly pays people more for the revenue you most wantAgainst: More complex to administer, and you have to be genuinely comfortable with what happens if somebody hits 200 percent
A cap is a message, and the message is: we would rather have certainty than revenue. Sometimes that is genuinely the right trade for a business with no cash cushion. But be honest with yourself that you are making it, because the salesperson will work out what the cap means long before you explain it to them.

Most sales organizations run uncapped, frequently with accelerators: the commission rate increases past 100 percent of quota, so the marginal revenue you most want is also the revenue you pay most for. That is an intentional design, not an accident, and it works.

A cap is defensible when cash is genuinely tight and an unbudgetable comp expense could actually break you. But be clear about the trade. You have told your best performer that revenue beyond a certain point earns them nothing, and salespeople are, professionally, extremely good at responding to incentives. The deal that would have closed in December will close in January.

Put the Commission Plan in Writing

The moment you pay somebody commission, legal obligations attach, and this is the biggest one.

If you have no written commission agreement, you have no argument
California requires a signed written contract for any employee whose pay involves commissions, setting out how the commissions are computed and paid. You must give the employee a signed copy and obtain a signed receipt for it.And here is the consequence that should get your attention. If the plan is unwritten, then when there is a dispute about what the deal was, the employer loses the presumption that its version is the correct one. The unwritten rule you had in your head about clawbacks, or split deals, or when a commission is actually earned, is not a rule. It is a thing you thought.Note also what counts. It is not about what you call the payment. If it varies in proportion to what somebody sold, it is a commission, even if your offer letter calls it a bonus.
Write it down, get it signed, keep the receipt. And re-issue it when the plan changes, because a superseded agreement that nobody replaced is presumed to still be in force.

Per California Labor Code section 2751, where the contemplated method of payment involves commissions, the contract must be in writing and must set forth the method by which the commissions shall be computed and paid. The employer must give a signed copy to the employee and obtain a signed receipt.

Two details in that statute deserve emphasis, because they are the ones that catch people.

It does not care what you call the payment. If compensation varies in proportion to the value of what somebody sold, it is a commission, regardless of whether your offer letter says bonus or incentive. Renaming it does not exempt it.

An expired agreement is presumed to continue. If the plan expires and the employee keeps working, the old terms remain in force until superseded. Which means the commission plan you quietly stopped honoring two years ago is, as far as the law is concerned, still the plan.

And the practical consequence, which is the one that should actually motivate you: without a signed agreement, you have no document, and the person with no document loses the argument. The unwritten understanding you had about clawbacks or split deals or when a commission is earned is not a term. It is a memory, and it is competing with theirs. That is the same structural problem that produces back pay claims across every other area of payroll, and it is solved the same way: write it down, get a signature, keep it in the personnel file, and re-issue when the plan changes.

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The Overtime Trap Nobody Mentions

This one is genuinely obscure and genuinely expensive, and it applies to any non-exempt employee earning commission.

Commission Goes Into the Overtime Rate
Under the FLSA, overtime is one and a half times the regular rate, and per the Department of Labor's Fact Sheet on the regular rate, the regular rate includes all remuneration for employment apart from a narrow list of statutory exclusions. Commission is not on that list. Which means a non-exempt salesperson earning commission has a regular rate higher than their base hourly wage, and every overtime hour must be paid at time and a half of the higher figure. An employer computing overtime on base pay alone has been underpaying every overtime hour, correctly and consistently, for as long as they have been doing it.

The escape hatch most employers assume they have is that salespeople are exempt. Sometimes they are. Outside sales is an exemption, and some sales roles genuinely qualify. But an inside sales rep working from your office, or from their apartment, on the phone, is not automatically exempt, and the assumption that they are is exactly the kind of thing that produces a two-year unpaid overtime claim. Which test actually applies is the subject of the exempt versus non-exempt guide, and it is worth twenty minutes of your life.

You May Have to Publish the Number

And this is where the quota problem stops being a philosophical point and becomes a legal one.

Pay transparency laws increasingly require employers to disclose pay ranges in job postings. Per Massachusetts pay transparency guidance, employers with 25 or more employees in the state must disclose wage ranges in job postings, and guidance indicates that where compensation is commission-based, the commission range must be included in the posting.

Read the consequence. You cannot publish a range you never built. A law that requires you to disclose the commission range for a role is, in practice, a law requiring you to have a compensation structure before you are allowed to advertise the job. Which is a quietly enormous imposition on a business that has been setting pay by negotiation and instinct, and it is coming to more states.

The requirements vary by state and by headcount, and they change, so check the current position where each of your people actually works. The broader landscape is covered in the guide to pay transparency laws.

50/50
The conventional pay mix for a closing sales role. Half base, half variable
0
The portion of OTE that is guaranteed above the base salary
1.5x
Overtime multiple on the regular rate, and commission counts toward the regular rate

Common Mistakes

These recur, and notice how few of them are about the number itself.

The Recurring Failures
Advertising an OTE without saying which portion is base and which is at risk, so the candidate hears one number and gets another. Building the quota from what you want revenue to be rather than from any evidence at all. Copying a 50/50 pay mix from an established company when you have no playbook, no leads, and no proof the thing can be sold repeatedly. Paying commission with no written agreement, in a state that requires one, and then discovering in a dispute that you have no document and therefore no version of events. Calling it a bonus and assuming that exempts it from commission rules, when the law looks at how the payment behaves rather than what you named it. Letting a commission plan expire and continuing to operate, which means the old terms are presumed to still apply. Computing overtime on base pay for a non-exempt salesperson, when commission belongs in the regular rate. Assuming every salesperson is exempt because they are in sales. Capping commission and then being surprised when deals stop closing near the cap. Never revisiting a quota that was obviously wrong, and treating a person hitting 45 percent of an invented number as an underperformer. And advertising a role in a pay-transparency state without a range you can actually defend, because you never built one.

The unifying error is treating OTE as a number rather than as a structure. The number is the output. The structure is the base, the variable, the quota, the rules about when commission is earned, and the document that says all of it, signed by both of you. A business that has the structure can produce the number on request, defend it in a posting, survive a dispute, and correct it honestly when it turns out to be wrong. A business that only has the number has a story it told somebody, and the story has a nine-month shelf life. The rest of the recurring small-employer failures are collected in the HR rules and regulations guide.

Does your job posting say what is guaranteed and what is not?
Base and variable, separately, alongside the total. If the candidate has to infer the split, they will infer the one that favors them, and you will meet the misunderstanding at offer stage or nine months later.
Where did the quota come from?
If the honest answer is that you divided the revenue you wanted by the number of salespeople you have, you have not set a target. You have set an expectation nobody can meet and attached somebody's income to it.
Has anyone ever actually sold this much here?
Including you. If nobody has, then the OTE is a projection built on an untested hypothesis, and the person you are hiring is the one paying for it if the hypothesis is wrong.
Is the commission plan in writing and signed?
Several states require it. Everywhere else you want it anyway, because without it, when there is a disagreement about what the deal was, you are competing recollections and you will lose.
Is your salesperson exempt, and can you prove it?
If they are non-exempt and earning commission, the commission belongs in the regular rate, and every overtime hour computed on base pay alone has been underpaid.
Key Takeaways
OTE stands for On-Target Earnings, or on-track earnings. It is base salary plus variable pay at 100 percent of quota attainment.
Only the base is guaranteed. At 60 percent of quota, the employee earns 60 percent of the variable half, not the full OTE.
OTE contains the base rather than adding to it. This is the single most common misunderstanding at offer stage.
A $100k OTE at 50/50 and a $100k OTE at 70/30 are different jobs advertised with the same headline number. State the split.
The OTE is only as honest as the quota behind it, and at a small business the quota is usually invented by a founder in an afternoon.
Pay mix is a statement about who carries the risk. A first sales hire at a business with no playbook should carry more base, not less.
Build the quota from your own closed deals, then discount it, because you closed those as the founder with relationships a new hire does not have.
Put the commission plan in writing and get it signed. Several states require it, and without it you have no document and therefore no argument.
The law does not care whether you call it a bonus. If it varies with what somebody sold, it behaves like a commission.
For non-exempt employees, commission counts toward the regular rate, so overtime computed on base pay alone underpays every overtime hour.
Do not assume salespeople are exempt. Inside sales frequently is not, and the assumption produces multi-year unpaid overtime claims.
Pay transparency laws increasingly require publishing the commission range, which means you cannot advertise a range you never built.

Frequently Asked Questions

What does OTE mean?

OTE stands for On-Target Earnings, sometimes written as on-track earnings. It is the total compensation a salesperson would receive if they hit exactly 100 percent of their quota, and it is made up of two parts: a guaranteed base salary and a variable component, usually commission, that is only earned by hitting targets. A $100,000 OTE built from a $60,000 base and $40,000 in commission means the person is guaranteed $60,000 and can earn the rest by performing.

What is the OTE meaning in simple terms?

It is what somebody would earn if everything goes according to plan. Part of it is a salary they get no matter what, and part of it is money they only get if they sell what you asked them to sell. Add the two together at full quota attainment and you have the OTE. It is a projection rather than a promise, which is the single most important thing to understand about it, and the part most job ads are quietly vague on.

What does OTE stand for?

On-Target Earnings. In the UK and much of the Commonwealth the same acronym is often expanded as on-track earnings, and the two mean exactly the same thing. The term appears constantly in sales job advertisements because it lets an employer advertise the upside of a role without guaranteeing it, which is both its legitimate purpose and, when the quota behind it is unrealistic, its most common abuse.

How is OTE calculated?

Base salary plus variable pay at 100 percent of quota attainment. If a role has a $70,000 base and pays $30,000 in commission when the salesperson hits their annual number, the OTE is $100,000. The arithmetic is trivial. What is not trivial is the figure you plug into the variable half, because that depends entirely on the quota you set, and if the quota is not achievable then the OTE is a fiction dressed up as a number.

Is OTE guaranteed?

No, and this is the most important thing about it. Only the base salary is guaranteed. The variable portion is earned by hitting targets, and if the salesperson attains 60 percent of quota, they earn 60 percent of the variable component, not the full OTE. An employer who implies otherwise in a job ad or an offer letter is setting up a conversation that ends badly. Say explicitly in writing which part is guaranteed and which part is not.

What does $100k OTE mean?

It means a total of $100,000 if the person hits exactly 100 percent of quota. It does not mean they will be paid $100,000. The breakdown matters enormously and is frequently omitted: $100,000 OTE at a 50/50 split means $50,000 guaranteed and $50,000 at risk, while the same figure at a 70/30 split means $70,000 guaranteed and $30,000 at risk. Those are very different jobs advertised with an identical headline number.

Does OTE include base salary?

Yes. OTE is the total: base salary plus variable pay at target, added together. This trips people up regularly because they see a $120,000 OTE and mentally add it on top of a base salary they read elsewhere in the posting. It is not on top. It contains the base. If you are the employer writing the posting, state the base and the variable separately as well as the total, because the ambiguity works against you at offer stage.

What is a good pay mix for a sales role?

It depends on how much of the outcome the person actually controls. A 50/50 split, half base and half variable, is the conventional shape for a closing role such as an account executive. An SDR who books meetings rather than closing deals is usually closer to 70/30, because they control less of the result. A sales manager is often 60/40. And for a first sales hire at a small business with no proven playbook, a higher base is simply more honest, because the risk they are absorbing is your uncertainty rather than their performance.

What is the difference between OTE and base salary?

Base salary is the guaranteed portion: money the employee receives regardless of whether they sell anything. OTE is the base plus the variable pay they would earn at full quota attainment. So the base is a floor and the OTE is a projection. In a dispute, or in an employee's bank account in a bad quarter, the base is the number that matters, which is why the split between the two is a more meaningful piece of information than the headline OTE figure.

Should sales commission be capped?

A cap makes your compensation expense predictable, which is a real benefit for a small business with tight cash. But it also tells your best performer that past a certain point, additional revenue earns them nothing, and people respond to that exactly as you would expect: deals stop closing near the cap and mysteriously reappear next quarter. Most sales organizations run uncapped, often with accelerators that increase the rate past 100 percent. If you do cap, know that you are trading revenue for certainty and be honest with yourself that you made that trade.

Do I need a written commission agreement?

In several states, yes, and you should have one everywhere regardless. California requires a signed written contract for any employee whose pay involves commissions, setting out how commissions are computed and paid, with a signed receipt retained by the employer. And whether or not your state requires it, an unwritten commission plan means that when there is a disagreement about what the deal was, you have no document to point to. The rule you had in your head about clawbacks is not a rule. It is a recollection.

Does commission affect overtime pay?

Yes, for non-exempt employees, and this catches employers badly. Under the FLSA, overtime is one and a half times the regular rate, and the regular rate includes commissions rather than just base pay. So a non-exempt salesperson who earns commission has a higher regular rate than their base wage suggests, and every overtime hour must be paid at time and a half of that higher figure. Employers who compute overtime on base pay alone have been underpaying every overtime hour, consistently, for as long as they have been doing it.

Do I have to publish OTE in a job posting?

Increasingly, in some jurisdictions, yes. Massachusetts, for instance, requires employers with 25 or more employees in the state to disclose pay ranges in job postings, and guidance indicates that for commission-based positions the commission range must be included. Other states have their own pay transparency requirements. Which produces a quiet consequence for small employers: you cannot publish a range you have never actually built, so the law is effectively forcing you to have a compensation structure before you advertise the role.

How do I set OTE for my first sales hire?

Start from what the role is worth in your market rather than from what you hope they will sell. Use external wage data to anchor the total, then decide the split based on how much of the outcome the person genuinely controls. For a first hire at a business with no playbook and no pipeline, weight it toward base. Then build the quota from something real, even if that something is thin: your own closed deals, your conversion rate, your average deal size. A quota invented in ten minutes produces an OTE that is a number rather than a plan.

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