What to do if I’m a commission salesman and we used to be scheduled until the store closed but now they’ve started scheduling us 2 hours after closing and all of the customers have left?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I’m a commission salesman and we used to be scheduled until the store closed but now they’ve started scheduling us 2 hours after closing and all of the customers have left?

We don’t get paid for these 2 hours at all. Their reasoning is we make more than minimum wage so they don’t need to pay us (if we made less than minimum wage they would cover the difference). This is no different than scheduling someone making $20/hr to work 2 hours for free every night. Is this legal? What can I do about this?

Asked on December 31, 2015 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is different, because working on a commission is not the same as being paid hourly, the same as working for a salary is different than being paid hourly: you cannot analogize directly from hourly wages to other ways of being paid. Commissioned employees can be legally made to work non-commissonable time and, as your employer indicated, as long as you are effectively making more than minimum wage, this is acceptable and legal.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption