Does my booth owner have the right to change my status from commission to hourly?

UPDATED: Sep 30, 2022

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Does my booth owner have the right to change my status from commission to hourly?

I’m a hair dresser and my pay was hourly, plus commissions with no booth rental or product cost. My employer just

announced that everyone is going to an hourly rate based on your last 6 month income. I have been here for 6 years.

Asked on June 1, 2017 under Employment Labor Law, Montana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, unless you had an employment agreement, lease, or other contract for a definite term (e.g. a one-year contract) which was still in force and which locked in your payment, the booth owner can change the terms at will "going forward": that is, from the moment they are announced and on. She cannot change the terms for work already done: that must be paid as per the agreement (even if only an oral, or unwritten one) in effect at the time the work was done. If she does not pay for work already done as per the then-in-effect rate or agreement or terms, you could sue for the money she owes you.

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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