Quote Quoting eerelations
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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.