Does my booth owner have the right to change my status from commission to hourly?

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Does my booth owner have the right to change my status from commission to hourly?

I’m a hair dresser and my pay was hourly, plus commissions with no booth rental or product cost. My employer just

announced that everyone is going to an hourly rate based on your last 6 month income. I have been here for 6 years.

Asked on June 1, 2017 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, unless you had an employment agreement, lease, or other contract for a definite term (e.g. a one-year contract) which was still in force and which locked in your payment, the booth owner can change the terms at will "going forward": that is, from the moment they are announced and on. She cannot change the terms for work already done: that must be paid as per the agreement (even if only an oral, or unwritten one) in effect at the time the work was done. If she does not pay for work already done as per the then-in-effect rate or agreement or terms, you could sue for the money she owes you.


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