If I’m attending a meeting wherein I am not on the phones to receive potential sales and the resulting commissions from the sales, should I be paid the hourly minimum wage?

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If I’m attending a meeting wherein I am not on the phones to receive potential sales and the resulting commissions from the sales, should I be paid the hourly minimum wage?

I work in a commissions based incoming sales call center. I am not considered an independent contractor. My wage is $5 per hour plus commission. Please note that I have even attended meetings on my scheduled days off.

Asked on October 29, 2012 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For the work week, you have to receive at least minimum wage: that does not mean that you have to receive minimum wage every hour. Therefore, if you work 40 hours, you have to get at least 40 x $7.25 = $290; if you're getting that, then some hours could be less productive for  you and pay you less than minimum, the same way a waiter, who is  normally paid less than minimum plus tips, can be made to do paperwork or clean up the restaurant (no tips); as long as overall, for the week, the waiter is earning at least minimum, it is legal.


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