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Do You Have to Repay Your Draw if You Quit

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  • 04-19-2015, 11:32 AM
    cbg
    Re: Draw
    Minor clarification - People under the outside sales exemption are exempt from OT and MW rules.
  • 04-19-2015, 12:18 PM
    jk
    Re: Draw
    Quote:

    Quoting eerelations
    View Post
    It doesn't have to. The law says you must be paid at least minimum wage for every hour you work and OT pay for every hour over 40 that you work in any given week.

    Regarding being sued for the draw, you really really really need to run this agreement by an attorney.

    while I agree an attorney is likely necessary here, generally an employer cannot retroactively reduce the pay of an employee. Draw against commission means they will be paid their draw as a minimum but any earned commissions will reduce the amount of draw available in equal amounts. If there are no commissions, the employee retains the draw. Attempting to reclaim the draw would be a retroactive reduction in pay and as such, disallowed.
  • 04-20-2015, 10:01 AM
    trig87
    Re: Draw
    Quote:

    Quoting cbg
    View Post
    Minor clarification - People under the outside sales exemption are exempt from OT and MW rules.

    how do i tell if i am in the sales exemption?
  • 04-20-2015, 10:05 AM
    eerelations
    Re: Draw
    Being an outside sales person, you are "in the sales exemption" automatically. This is the law. I apologize for erroneously advising you that you may be entitled to OT pay; you are not.
  • 04-22-2015, 04:28 PM
    trig87
    Re: Draw
    How do i know if I am outside sales person? I go to that office.
  • 04-22-2015, 04:34 PM
    jk
    Re: Draw
    Then explain what you would do on typical day
  • 04-23-2015, 04:39 AM
    llworking
    Re: Draw
    Quote:

    Quoting trig87
    View Post
    How do i know if I am outside sales person? I go to that office.

    An outside sales person travels to the customers to make sales, or works from home. An inside sales person does their selling in the store or over the phone at the office.
  • 04-23-2015, 11:17 AM
    eerelations
    Re: Draw
    An outside sales person may also visit his employer's office to attend meetings and training etc., and still be considered an outside sales person.
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