hourly or contract employment

We are required to be in the office from 8-9am and 4-5pm Mon-Fri and for sales meeting from 1-3:30pm Mondays. If we are late, or miss more than 2 hrs in a day, we are docked percentages of our commission. Is this justified since we are commissioned employees?

1 answer  |  asked Nov 12, 2004 12:48 PM [EST]  |  applies to Texas

Answers (1)

Joe Gilbreath
Probably not under federal law.

The Fair Labor Standards Act (FLSA) in Section 13(a)(1) provides an exemption from both minimum wage and overtime pay for employees employed as bona fide outside sales employees. For the employer to utilize that exemption the employee's primary function must be sales. The FSLA is a federal law that sets a minimum standard. If you are in a state that that does not exempt you or you are in a collective bargaining unit with high wage and hour requirements those may apply to you.

posted by Joe Gilbreath  |  Nov 15, 2004 12:21 PM [EST]

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