I work as a salesperson whose income is based solely on how much I sell. I receive a draw of $1600, divided into two checks monthly, and an additional check calculated as SALES x % minus any commission paid on an account that goes over 90 days - $1600 (draw).

When a holiday occurs, there is no additional pay. When sick time is taken, there is no additional pay. When overtime is worked (no time cards), no additional pay. When vacation is taken, no additional pay.

BUT, they allow X days for sick time and X vacation time. If you exceed this time, they deduct from the previous calculation based on $20K per year.

My sales may occur in the office, on the phone, on the internet or in the place of my clients.

How can they have their cake and eat it too?? I took a commission only sales position for the flexibility.....

There is no requirement that the company provide paid time off.

It would be legal for the company to "pay" you time off as a draw and take that out of your commissions (which is what I suspect, but am not certain, happens in your case). This means that you really don't get paid time off and that method certainly works as a disincentive to taking any time off.

Commissions are a very broad subject area that involve a fairly huge number of otherwise legally unrelated workers. I have several questions for the OP.
- Just to be certain, are you an employee or an independant contractor or statutory non-employee?
- Assuming that you are an employee, are you working Inside Sales or Outside Sales? Legally these are two very different situations?
- What is the nature of your employer's business?
- What are your job duties?

I am an employee, but I don't know about statutory status. I am expected to visit my customers and provide customer service to them. (outside and some are in different cities.) I have paperwork that has to be "turned in" to the office (sales tickets) on a timely basis based on a schedule. I sell advertising for a daily newspaper.

Regarding duties, I am expected to maintain personal contact with my account list, visit with them regardless of sales opportunity that day, come up with creative campaigns, attend events of community interest and participate in them (night, weekend), and sell, sell, sell. Selling involves paperwork, proofing ads, submitting ads, etc.

I do receive a draw of $x, but if I don't sell enough to cover the draw, $$ will be deducted from next month's draw to cover the difference, so I consider this as being "commission only." I pay for my benefits (insurance)......

Please help me understand how they can deduct from my commission if I am not "findable".... Other reps handle this by claiming to be out of town, when they are actually "off". I often am "out of the office", but I am travelling in the passenger seat of the car, with my laptop in my lap, and my phone glued to my ear, mostly on the phone with the office...... and they call this "off"....

Unfortunately this sounds like you qualify for the Exempt Outside Sales exception, which means no right to paid overtime or minimum wage, plus no "salaried" requirement. I agree with Scott's answer on PTO and it does not sound like your employer is doing anything illegal with your wage payments.

Perhaps you need to find a better employer.

I am fine with my pay.... I don't think they should pay me for something I haven't sold.....

What I do have a problem with is when I am away from the office, them deducting from what I did earn....... even when I am selling/working...

What I do have a problem with is when I am away from the office, them deducting from what I did earn

What are you talking about? If you are talking about vacation/PTO, the law would not agree with you.