If I work in an inside sales commission workplace, am I entitled to receive the minimum wage regarding my base pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I work in an inside sales commission workplace, am I entitled to receive the minimum wage regarding my base pay?

I work 46-50 hours a week, and some weeks I make less than $300 a week. On top of commission my employer gives us $10 a day as a base pay. Is this legal? I live in a state where the minimum wage is $8.15 and the minimum wage for waiters and waitresses is $3.10 an hour. By my calculations I should receive a minimum of $135 a week, not $50 a week. Can you provide me with some insight?

Asked on January 21, 2015 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Assuming that you are an employee and not an indepedent contractor, you may well be entitled to be paid the minimum wage.

Pursuant to federal law, employers are required to pay all employees a minimum hourly wage (also each state is free to impose its own minimum wage).

While the minimum wage is an hourly wage, it doesn't mean that an employer has to pay its employees by the hour. They can pay a salary, commission, wages plus tips, etc., so long as the entire amount paid, divided by the total number of hours worked, equals at least the minimum wage.

At this point you should contact your State Department of Labor for further information.


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