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  1. #1
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Draw

    Quote Quoting trig87
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    They paid me the draw every month and I am leaving because I did not earn any commission. It is too hard. agreement doesn't say anything about overtime or minimum wage.
    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.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Draw

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

  3. #3
    Join Date
    Apr 2015
    Posts
    4

    Default Re: Draw

    Quote Quoting cbg
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    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?

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default 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.

  5. #5
    Join Date
    Apr 2015
    Posts
    4

    Default Re: Draw

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

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Draw

    Then explain what you would do on typical day

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  8. #8
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default 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.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

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