If I am required to attend a mandatory meeting and I am a massage therapist get paid by commission, am I supposed to get paid?

Asked on October 29, 2011 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The short answer is no: commissioned employees are only paid when they do something which earns a commission but, at the same time,  their employer has the right to set the terms and conditions of employment--such as by requiring attendence at certain mandatory meetings, conferences, training sessions, etc.

The longer answer: to be paid by commission is not necessarily to be exempt from overtime; only certain commissioned staff, like outside field sales safe; inside retail sales staff; or certain exempt managers, executives, professionals, and high-level admininistrators who may happen to be paid by commission, are overtime exempt. If you are not exempt and, do to your attendence at the meeting, work more than 40 hours in that week, you may be owed some overtime. Also, you must be paid at least minimum wage no matter  how compensated, so that week, the total you earn must exceed the number of hours worked x minium wage. If you worked a 40-hour week, that means 40 x $7.25, or $290. If the meeting eats sufficiently into earning potential, you could be due a few dollars to bring you up to minimum wage.

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