I worked at a car dealership for a $200 a week salary, and since I worked over 40 hours per week in order to equal us enough pay to equal minimum wage laws, the company would take a draw from my paycheck, which I would have to pay back out of my commisions in the future. Some of these draws were as high as $280. Was it legal for them to do this?

Yes, so long as you are still making at least minimum wage after the draw is deducted from your pay.

Minimum wage in MA was $6.75 per hour, until January 1, 2007, when it became $7.50.

$6.75 x 40 hours = $270, at the old rate. If you were working 40 hours, they had to pay you at least $270 per week. If you were working overtime, and you weren't exempt, then you'd have to be paid time-and-one-half for this. If you were receiving $200 per week, you weren't making minimum wage or overtime.

When you say "draw" from your paycheck, can you explain that to us in a bit more detail. This raises a host of issues.

A couple quick questions:

1. When did you work for the dealership?
2. What were your duties?
3. How did the draw actually work?
4. How many hours did you work?
5. What did you actually receive each week in pay? Was it ever less than $270? How much did you get in weeks where you worked more than 40 hours?


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