Should we be compensated for having to cross-train at work?

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Should we be compensated for having to cross-train at work?

They tell us that doing whatever the manager asks us to do is in our job description. I’m a sales accociate that has to do financing, and sometimes even do warehouse work that takes me away from my commission salary. I am 100% commission. If I don’t sell, I don’t make money.

Asked on May 11, 2013 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Morally, you are probably right--it would be appropriate to compensate you for having to do other duties, especially those that take you away from commissionable activities. Unfortunately, legally, there is no obligation to do this: an employer is free to define employees' duties and responsibilities and to assign commissioned staff to non-commissionable activities so long as--

1) They are not violating a writing employment contract in doing so;

2) The employee still makes minimum wage for the wage (that is, still makes for the week at least $7.25 x the number of hours worked).


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