Unless there is some exception (real estate agents?), commission is fine, but still have to monitor and make up, if less than min wage for all time worked. Likely some federal rule to start, then possibly modified by state rules.
These days, with CA and ABC, and what DOL is doing/trying to do to somewhat align federal with CA, everyone should be considered an employee unless an exception can be mapped out case by case.
Payroll is more complicated than ever, with many unqualified people handling payroll using the employer's choice of "magic" software (the kind which says or implies no knowledge is needed. (Sound familiar to tax preparer's world?)
In a group of payroll "pros", who pay to be part of the group, there are multiple posts, daily, asking essentially why they should withhold for the worked in state, even if the company is located in another state. Granted, many of the posters are new, but even needing to ask in a forum tells me how little the employer is aware that the software or online processor they use is "doing" for them. Today, one of the posts was about a payroll software which allowed allocation of wages by state, with another which somehow was allocating some by worked in state and lived in state. neither is correct, since one has to track time worked at each location, and where an employee lives/gets mail is not material.