I work for a cable tv company in a telemarketing position where we autodial out to customers to acquire new and/or reacquire past customers on a pool money commision structure including salary. There is inbound calling as well to a minimum. Is it legal fo
This is a strictly outbound telemarketing sales, leads are loaded into an autodialer and occasionaly we get inbound callbacks from customers which are not routed by extensions, we have to rely on reps to be honest and email us the info to call back the customer and occasional inbound calls looking for service which are routed to certain reps.
1 answer | asked Jan 12, 2017 10:12 AM [EST] | applies to New York
Answers (1)
Your question was cut off at "Is it Legal Fo......."
I am assuming there is incentive or possibly commission pay involved? Under NO circumstances may you be paid less than minimum wage. Divide total pay by total hours. If on any week you fall below that you more than likely have wage and hour claims under both state and federal laws.
Personal or individual liability applies. A manager who knowingly permits you to suffer such work is personally liable. Those violations usually provide liquidated damages (most often double). And your attorneys' fees and costs are paid by the employer if you can prove such violations.
Here's what the federal government says about your job:
https://www.dol.gov/whd/regs/compliance/whdfs64.pdf
If you are paid above minimum wage you should consult with legal counsel to determine whether your employer is potentially violating any other laws.
posted by V Jonas Urba | Jan 12, 2017 10:44 AM [EST]
I am assuming there is incentive or possibly commission pay involved? Under NO circumstances may you be paid less than minimum wage. Divide total pay by total hours. If on any week you fall below that you more than likely have wage and hour claims under both state and federal laws.
Personal or individual liability applies. A manager who knowingly permits you to suffer such work is personally liable. Those violations usually provide liquidated damages (most often double). And your attorneys' fees and costs are paid by the employer if you can prove such violations.
Here's what the federal government says about your job:
https://www.dol.gov/whd/regs/compliance/whdfs64.pdf
If you are paid above minimum wage you should consult with legal counsel to determine whether your employer is potentially violating any other laws.
posted by V Jonas Urba | Jan 12, 2017 10:44 AM [EST]
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