Is it illegal in commision-only sales for an employer to require non-paid office coverage time to some reps in the same position and not others?

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Is it illegal in commision-only sales for an employer to require non-paid office coverage time to some reps in the same position and not others?

Recently our employer required several reps to cover hours at a

Asked on December 14, 2016 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal, unless it is violating a written employment contract. Otherwise, an employer determines employee duties; there is no law requiring that commissioned employees only work at commissionable jobs or tasks; and in fact, commissioned staff commonly spend significant time at things where they do not receive training, like at meetings or product training, filling out reports or paperwork, customer or marketing support, etc. The only requirement is that when viewed broadly (e.g. across a pay period), that if you are an employee and not an independent contractor, you must earn at least the equivalent of minimum wage for the hours you work (e.g. divide total pay by minimum wage; it must equal or exceed minimum wage).


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