If my job pays on commissions, isit legal for my employer to require me to be at work for a set schedule when I’m not getting paid for the hours I spend there?

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If my job pays on commissions, isit legal for my employer to require me to be at work for a set schedule when I’m not getting paid for the hours I spend there?

I teach dancing and am only paid when students sign up and schedule classes with me (no houry or salary). Is it legal for my employer to not pay me an hourly rate but still expect me to be at work all day, even if I have no lessons scheduled, when I’m not getting paid for it?

Asked on December 20, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) Commissioned staff can be required to work regular hours and/or attend a regular workplace. This can include requiring the commissioned staff to be onsite when they don't have actual clients or work to do--just as any employee can be required to be onsite even when there is no work. (E.g. a cashier can be required to be at the store even when no one is showing up; waiters can be required to be at the restaurant even between the lunch and dinner crowds; a lawyer can be required to come to the office even if he has cases, clients, or work for that day; etc.)

2) If you are overall paid at least minimum wage (e.g. your weekly wage is equal to at least the number of hours you work x $7.25 per hour), then it does not matter if you do not money each and every hour.


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