If I work in an inside sales commission workplace, am I entitled to receive the minimum wage regarding my base pay?
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If I work in an inside sales commission workplace, am I entitled to receive the minimum wage regarding my base pay?
I work 46-50 hours a week, and some weeks I make less than $300 a week. On top of commission my employer gives us $10 a day as a base pay. Is this legal? I live in a state where the minimum wage is $8.15 and the minimum wage for waiters and waitresses is $3.10 an hour. By my calculations I should receive a minimum of $135 a week, not $50 a week. Can you provide me with some insight?
Asked on January 21, 2015 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Assuming that you are an employee and not an indepedent contractor, you may well be entitled to be paid the minimum wage.
Pursuant to federal law, employers are required to pay all employees a minimum hourly wage (also each state is free to impose its own minimum wage).
While the minimum wage is an hourly wage, it doesn't mean that an employer has to pay its employees by the hour. They can pay a salary, commission, wages plus tips, etc., so long as the entire amount paid, divided by the total number of hours worked, equals at least the minimum wage.
At this point you should contact your State Department of Labor for further information.
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