Ex: Store closes at 6pm. I am scheduled to work from 12-8pm.

Can retail companies force commission only employees to work after the store has closed to help clean the store?

1 answer  |  asked Oct 1, 2007 8:32 PM [EST]  |  applies to California

Answers (1)

Michael Tracy
Exemption for commissioned employees

The employer can always require an employee to work late performing any tasks as long as minimum wage and overtime requirements are met. As long as the total amount you earn exceeds the total number of hours worked times minimum wage, the employer is in compliance with minimum wage requirements.

In general, employees of retail establishments will be exempt from overtime if they make more than 1 and 1/2 times the minimum wage, and more than 1/2 of their total earnings come from commissions. The fact that they may be required to perform non-sales work does not affect the outcome. Since the exemption requires that at least 1 1/2 times minimum wage be paid for ALL work, the time spent cleaning the store, going to sales training, etc, as well as selling must average out to at least 1 1/2 times minimum wage or overtime is due.

posted by Michael Tracy  |  Oct 1, 2007 9:01 PM [EST]

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