Is it legal for a company to pay straight commission in a non-sales job i.e collections

I work for a company that pays straight commission and requires a minimum of a 42.5 hour work week (actual hours worked). There is no draw. The commission is paid at a certain percent of the overall dollar amount collected. The position is first party collections, we are not selling anything.

2 answers  |  asked Sep 23, 2009 8:12 PM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
Even though it is legal for a company to base pay on commissions, it is my belief that unless you fall within an exception that you must be paid at least minimum wage and overtime for the hours worked. So, I do suggest strongly seeing an employment attorney near you. You may select one at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Sep 24, 2009 2:44 PM [EST]
Neil Klingshirn
I am not aware of a non-salaried exemption to overtime for an employee engaged in the business of debt collection. Feel free to contact me individually with the number of weeks that you have worked this arrangement, you average weekly commission earnings and the number of similarly situated co-workers who might be interested in collecting unpaid overtime. My email address is neil@fklaborlaw.com.

posted by Neil Klingshirn  |  Sep 24, 2009 11:28 AM [EST]

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