Can commission paid non sales employee be asked to perform misc. work when have not customers?

Hello. I am a licensed cosmetologist in the state of Ohio. I work fully on commission. If I have customers booked that day I get paid 50% of the profit minus service and supply fees, etc. If I do not have appointments on my book, my salon owner expects me to be in the salon to perform tasks from administrative duties to doing laundry, etc. My concern here is that I am not getting paid for this work. Unlike a fully commissioned sales person for example, I do NOT have the opportunity to generate more income during this time of performing misc. work for the salon. So my question is this. Is it lawful for me to be tasked any type of work the salon manager and owner request during my scheduled work hours? Or, should I be paid an hourly wage or given the opportunity to be generating new business for myself vs. performing menial tasks. Thank you for your time.

2 answers  |  asked Jan 24, 2011 09:38 AM [EST]  |  applies to Ohio

Answers (2)

David Neel
A key question is whether you get a W-2 or a 1099. You should talk to an employment lawyer.

posted by David Neel  |  Jan 24, 2011 7:53 PM [EST]
Bruce Elfvin
It is highly likely that your question raises issues under the FLSA for minimum wage and overtime issues. If there is a written agreement bring it with you. You need to sitdown with an employment lawyer who can review the documents and the regulations at the sametime.

You can find one at:

posted by Bruce Elfvin  |  Jan 24, 2011 11:26 AM [EST]

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