If my nail technicians are commissioned based but are not always busy throughout the day, do I need to compensate them for no work in a day/week when they don’t get at least minimum wage?

Example: If 1 tech. works 6 hours 1 day but still get 40 hours in the week, do I need to compensate them for that 6 hour day?

Asked on January 23, 2013 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

For however many hours your techs work in a workweek, they must make an amount at least equal to the number of hours worked times mimimum wage ($7.25). If they work 40 hours, for example, they must receive at least 40 x $7.25, or $290. As long as they do, it doesn't matter if they make $58/day, or $290 all in one day, or anything in between.


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