Can an employer require commission only employees to give a set schedule of work hours?

UPDATED: Oct 1, 2022

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Can an employer require commission only employees to give a set schedule of work hours?

I work on a commission only basis for sales
from home. Is it legal for my employer to
require me to provide a set schedule of work
hours that I must complete every day? They let
me choose the hours but then I cannot change
the hours on a day by day basis. Can they do
that without paying hourly? Thank you

Asked on July 10, 2019 under Business Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can do this. Employer's control when work is done. An employer's ability to require employees to work a set schedule is in no way dependent on how the employee is paid--for example, salaried employees can be required to work a set or fixed schedule. The employer cannot debit your pay (e.g. reduce commision) for not working when they want you to work; on the other hand, since you would be violating your employer's instructions, you could be suspended, demoted, or terminated.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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