If I went from full-time to part-time and my hourly pay was taken so I nowonly receive a commission pay 50/50, is that legal?

UPDATED: Dec 22, 2011

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If I went from full-time to part-time and my hourly pay was taken so I nowonly receive a commission pay 50/50, is that legal?

I’m a hairstylist. On top of not being paid hourly is it legal for my boss to not allow me to leave work at the end of the day when I’m not busy? I’m not being paid hourly to be there.

Asked on December 22, 2011 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) You can be paid only on the basis of commissions, with the proviso that you still have to earn minimum wage or better. For example, say you work 25 hours per week; minimum wage is $7.25 per hour; as long as you earn $181.25 or more for the week, the way you are paid is legal.

2) The employer can require you to stay when you are not busy. That will increase your number of hours, and therefore the minimum you must make to comply with minimum wage, but is otherwise legal.

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