My employer has several times threatened me and other salaried employees with termination because we do not work over 40 hours a week. We are salaried and as part of our salary we do get a monthly and yearly bonus based on sales. My employer states that t

There is no quick and simple answer to your question.

Here is a link from New York State's Department of Labor which should get you started. Should this not answer your questions then you should consult with a labor and employment lawyer to dig much deeper into the specific details of what you do, how you got started doing it, how much you were told you would earn doing it, who decides when you do it, how you learned to do it, whether there are any constraints on your leaving to do it for some other employer, how you do it, how long it takes to do it and when payment is actually made for completing what you do, and more particulars of your situation.

There are situations where salaried employees are entitled to hourly plus overtime compensation if they are improperly classified as exempt employees when the duties and responsibilities of the employee or how the employee's job is established and performed is not consistent with an exempt employee. Such discussions should be held in confidence with an attorney.

https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

posted by V Jonas Urba  |  Mar 2, 2016 12:49 PM [EST]