Is it right to have your commission hair dressers make up hours when they are not an hourly employee?

UPDATED: Sep 30, 2022

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Is it right to have your commission hair dressers make up hours when they are not an hourly employee?

When asked to take time off my boss has me make up the hours on other
working days and run off into our closed time. Is that right and can she do that? I
am not an hourly employee and only make commission for the clients I have.

Asked on April 3, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless and only to the extent limited by a written employment contract, employers may freely set and modify the hours of ANY employees, whether paid by hourly wages, on a salaried basis, by tips or commissions, on a piecework basis, or some combination. So your employer may require you to make up hours, and terminate you if you won't.

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 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.

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