As a commission based hairstylist, can my employer force me to stay at work without pay?

I am a commission based hairstylist at a salon where I only get paid for the services I do. My question is- If we don’t have any more clients and would rather go home early, does our employer have the right to make us stay without pay?

I understand we may get some additional clients and our employers don’t want to turn them away, but we’ve had instances on slow days in the summer where there are multiple stylists wide open at the end of the day being forced to stay hours with no pay.

The only information I have found says that if you earn less than minimum wage in a two week span, then the employer must compensate to make the difference, but I cannot find anything helpful on this specific subject. I always make above minimum wage, so that is not an issue. However, there are days where it feels like we’re being held hostage and wasting an entire day just to sit around and wait.

On top of that it is concerning to me since we have opened back up since the covid shutdowns, that we are now unnecessarily hanging around, which makes it increasingly difficult to socially distance ourselves from each other (so we’re basically forced to go sit in our cars or outside due to lack of space in the break room)

Thanks for any response!

0 answers  |  asked Jun 24, 2020 11:16 AM [EST]  |  applies to Massachusetts

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