What to do if I’m a commission salesman and we used to be scheduled until the store closed but now they’ve started scheduling us 2 hours after closing and all of the customers have left?

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What to do if I’m a commission salesman and we used to be scheduled until the store closed but now they’ve started scheduling us 2 hours after closing and all of the customers have left?

We don’t get paid for these 2 hours at all. Their reasoning is we make more than minimum wage so they don’t need to pay us (if we made less than minimum wage they would cover the difference). This is no different than scheduling someone making $20/hr to work 2 hours for free every night. Is this legal? What can I do about this?

Asked on December 31, 2015 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is different, because working on a commission is not the same as being paid hourly, the same as working for a salary is different than being paid hourly: you cannot analogize directly from hourly wages to other ways of being paid. Commissioned employees can be legally made to work non-commissonable time and, as your employer indicated, as long as you are effectively making more than minimum wage, this is acceptable and legal.


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