Can an employee be made to work for free in order to promote a business?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employee be made to work for free in order to promote a business?

I was hired as a part-time employee working 2 days a week to sell art in a gallery. I receive $12.00 per hour and a 3% commission on everything I sell. After I was hired and established, my employer told me I had to do outside sales activities totaling 5-7 hours a week without pay and using my own vehicle. Is that allowed in to require me to work for free to promote her gallery?

Asked on June 17, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal to make an employee work for free: employees must be paid for all work they do, and in particular, employees paid in whole or in part on an hourly basis must be paid for all hours worked. That is the basic labor law; see, for example the Fair Labor Standards Act. At the end of this answer, I have included a link to an illustrative government (Dept. of Labor) webpage.

An employee can, however, be required to use his/her own vehicle, without any compensation for its use: that can be a term or condition of employemnt.

Here is is the DOL webpage: http://www.dol.gov/elaws/esa/flsa/hoursworked/


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption