Can an employer require commission only employees to give a set schedule of work hours?

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Can an employer require commission only employees to give a set schedule of work hours?

I work on a commission only basis for sales
from home. Is it legal for my employer to
require me to provide a set schedule of work
hours that I must complete every day? They let
me choose the hours but then I cannot change
the hours on a day by day basis. Can they do
that without paying hourly? Thank you

Asked on July 10, 2019 under Business Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, they can do this. Employer's control when work is done. An employer's ability to require employees to work a set schedule is in no way dependent on how the employee is paid--for example, salaried employees can be required to work a set or fixed schedule. The employer cannot debit your pay (e.g. reduce commision) for not working when they want you to work; on the other hand, since you would be violating your employer's instructions, you could be suspended, demoted, or terminated.


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