Is it discrimination if a mgr makes 1 sales person come to the office while others work from home.

Sales rep 23 yrs with company 0 salary,0 medical,profit sharing,0 stock purchase. Worked from home last 3.5 yrs with no behavior or performance issues. New mgr is demanding attendence in office to some but letting others work form home.( Cost of commuting is $4K) Can they do this? Also commissions only paid when bill gets paid which could take months to get paid. Is this legal?

1 answer  |  asked Dec 15, 2015 06:21 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Maybe. Are you a member of a protected class of persons? For example if you are over 40 (i.e. 60 years of age) and all the other sales persons are under 40 your manager's policy may create a disparate impact against older sales persons and, without a legitimate business purpose, would be unlawful. This analysis could apply to many other classes of employees including minorities, pregnant women, gender-based, etc.....

Following is a link to a pdf published by the New York Department of Labor which explains the terms and conditions which the DOL will require for all commissioned sales persons working within our state. If this surprises you then a call to the DOL might be a good place to launch a grievance.

https://labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

posted by V Jonas Urba  |  Dec 15, 2015 12:51 PM [EST]

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