Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Exempt Commission - After Hours Work

    My question involves employment and labor law for the state of: New Jersey

    I am an exempt sales person who is paid on a commission versus draw system. My employer makes us perform physical inventory 3-4 times a year and we are not compensated for the after-hours work. Is it legal for them to do so when we are paid on the basis of SELLING product to customers?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Exempt Commission - After Hours Work

    It is my understanding that it is REQUIRED that you be compensated for all hours worked, regardless of your usual job duties.

    Have you contacted your local Wage and Hour Board?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Exempt Commission - After Hours Work

    I believe what he's saying is that he's an exempt, salaried worker, and objects to the fact that his job includes participating in the quarterly inventory. But it isn't clear what the compensation scheme is - a low base salary plus commission, straight commission and nothing more, etc.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Exempt Commission - After Hours Work

    As long as you truly meet the exemption, your employer can require you to do things outside a standard job description (assuming inventory is outside of it) even if those activities don't bring you commission.

    If you are under the Section 7(i) exemption (sales in a retail environment), there is one criteria that at least 1/2 of your wages for a representative period must be from commissions. I am suspecting that doing work other than sales 3-4 times per year is not going to be enough to break that part of the exemption.

    And as long as all your wages (salary and commission) combined equal more than 1 1/2 times minimum wage (which is the 2nd criteria for 7i) for all hours worked, your employer is meeting their burden under FLSA.

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Can You Ever Be Non-Exempt from Overtime if Your Commission Exceeds Your Base Salary
    By primetime2832 in forum Employment and Labor
    Replies: 2
    Last Post: 06-14-2011, 12:08 PM
  2. Replies: 1
    Last Post: 05-31-2011, 03:08 PM
  3. Hours: Exempt Employee Paid at Rate of 40 Hours Per Week
    By gyro101 in forum Employment and Labor
    Replies: 3
    Last Post: 03-16-2011, 01:49 PM
  4. Disabilities and Accommodation: How Many Hours Do You Have To Work For FMLA?
    By snoopy in forum Employment and Labor
    Replies: 1
    Last Post: 06-04-2008, 05:40 PM
  5. Hours: Can an Employer Require You to Convert from a 4-Day Week to a 5-Day Week
    By worker bee in forum Employment and Labor
    Replies: 3
    Last Post: 02-12-2006, 06:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources