I work as a sales associate for a cellphone retailer. I receive 10 percent commission on the gross profit of every sale I make, and 8 dollars per hour. The owner of the retailer has been charging me money out of my paychecks whenever we do not receive commission on a sales contract due to someone not paying their bill, or if someone leaves the company in during contract. We signed a waiver when we were hired stating that we could lose the commission on any sale we make due to a contract default in the first 6 months of the contract. We did not sign anything stating he could charge us more than the commission we made on the sale, and he has been for some time. Is this legal? I also work many weeks over 40 hours and he has told me that he does not have to pay overtime if I make any commission. Is this true as well? Thanks!
1 Answer from Attorneys
Overtime is required for anyone in a non-exempt position. If you are not an exempt employee then the employer must pay overtime. In some situations it is very clear that an employee is not exempt, in others it takes a very careful look at the law and facts to figure out if overtime is due.
Deductions from paychecks are extremely limited and an employer can get in trouble if they deduct something the law does not allow.
While I hope this general legal information helps, it does not create any attorney/client relationship or offer specific legal advice. I encourage you to seek legal advice -- My firm handles wage/hour litigation and you are welcome to call for a no cost phone consult or contact another attorney of your choosing.
Related Questions & Answers
Can I collect retractive pay if I was in a job that was misclassified Asked 1/22/13, 12:39 pm in United States Maryland Labor and Employment Law
My employment contracts is signed, but contains a clause that I have to pay back... Asked 1/14/13, 8:00 pm in United States Maryland Labor and Employment Law
My employer accessed my court case file to get information about a criminal matter... Asked 12/27/12, 9:31 am in United States Maryland Labor and Employment Law
Hello, I had been working for a large publishing company for over 13 years. I was... Asked 12/18/12, 1:03 pm in United States Maryland Labor and Employment Law
Is it right for my employer to fire me for insubordination while keeping another... Asked 12/13/12, 4:54 pm in United States Maryland Labor and Employment Law