I live in Pennsylvania. I work based on only Commission. When I don't have clients my boss wants me to stay but I don't get paid. Help
I am told I need to stay and I don't get paid if I don't have a client. How is this possible?
1 answer | asked Sep 28, 2016 3:17 PM [EST] | applies to Pennsylvania
Answers (1)
As a general rule, the Fair Labor Standards Act and the Pennsylvania Minimum Wage Law require payment of at least the minimum wage for all hours worked.
The payment of commissions it itself does not excuse the requirement to pay for all time worked. There are some exceptions for bona fide outside salespersons who are paid on commission. As a general rule, time when an employee is on-call or standby, must be compensated unless the employee is free to engage in the employee's own pursuits during the time periods.
The response on the Q&A can only provide information about general legal principles. It does not constitute a legal opinion about the application of the law to the particular facts of your situation. You may contact the Wage & Hour division of the U.S. Department of Labor, the Pa. Dept. of Labor & Industry, or arrange a consultation with a lawyer to review the facts of your work situation.
posted by Doris Dabrowski | Sep 29, 2016 09:18 AM [EST]
The payment of commissions it itself does not excuse the requirement to pay for all time worked. There are some exceptions for bona fide outside salespersons who are paid on commission. As a general rule, time when an employee is on-call or standby, must be compensated unless the employee is free to engage in the employee's own pursuits during the time periods.
The response on the Q&A can only provide information about general legal principles. It does not constitute a legal opinion about the application of the law to the particular facts of your situation. You may contact the Wage & Hour division of the U.S. Department of Labor, the Pa. Dept. of Labor & Industry, or arrange a consultation with a lawyer to review the facts of your work situation.
posted by Doris Dabrowski | Sep 29, 2016 09:18 AM [EST]
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