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View Full Version : Need Help big time!!! Arizona


Ryguyaz
02-17-2009, 09:22 AM
This is kind of a long one so bear with me; please let me know my rights and appropriate action:

I work at a vacation rental company in Arizona. I was hired in a position to book reservations and acquire new properties to manage. I am on commission and earn my % on the reservations I book as well as any reservations booked into properties that I have added to our inventory. My boss has me doing other jobs for him which does not allow me to focus on earning my commission (setting up units, running errands, picking up lunch for the office, etc). I get a $1500/month draw and it has taken me about 4.5 months to meet my draw. I was also hired to work 9-5:30. He has since demanded I work until 6 and has requested time and time again I work late or work weekends. He has also set group office goals (like book $100,000 worth of rentals a month) and made rewards for the office based on if we meet the goal. Only thing in.....the whole goal relies on my performance. Basically what it comes down to is he has me doing all this other stuff which takes away from me doing what I was hired to do. Furthermore, he has decided to set up online booking which will drastically reduce the money I can earn from commission. I have talked to him but every other day is like groundhogs day and its back to the same old. The kicker is this: He is operating the vacation rental company without having a broker's license or a brokerage house! I did not know this until he let it slip the other day. What right do I have as an employee who was hired into a company who is operating illegally?

This guy has also taken commissions away from me; basically taken money out of my pocket. I know AZ workers don't have as many rights as in other states, but is there anything I can do? When he hired me he mapped out a whole plan of how I should be making $3k/month almost right away and meanwhile that is not happening despite my best efforts. Can he make me work longer then I was hired? Can I sue him for hiring me into a company that is operating illegally? Etc?

DAW
02-17-2009, 12:24 PM
Let's ignore AZ law (which I do not know) and focus on federal law (which I do know). Federal labor law is FLSA and is applicable in all 50 states. States can have laws that are more favorable to the employee then federal law but cannot have laws that are less favorable to the employee.

Under FLSA, all employees are entitled to minimum wage and paid overtime unless the employer can hard support a very specific exception to the contrary. I consider most of the points you raised to be pretty weak arguments (at best). I however consider this one issue to be a strong argument. The only obvious solution (from the employers standpoint) to not paying you (at least) minimum wage and paid overtime is for them to claim that you fall under the Outside Sales exception. (http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.htm) The problem (from the employer's standpoint) is that employers in your general line of work have legally had problems supporting that argument. There is a federal DOL opinion letter on Timeshare sales people (http://www.dol.gov/esa/whd/opinion/FLSA/2007/2007_01_25_04_FLSA.pdf) that you might find of interest.

Ryguyaz
02-17-2009, 12:46 PM
Most of the points are just things that, obviosly, annoy me and are pretty unfair when expecting me to earn a certain amount of commission. I guess the main problem, other than him running the business illegally, is that what he asks me to do prevents me from earning over my draw. I will check that article out though. Thanks!

Ryguyaz
02-17-2009, 01:13 PM
I make my "sales" in office: not at the customer's place of business or door to door. I am required to be at the office at 9am and can leave at 6pm (though I get constantly harrassed to stay late and work weekends) and make my calls from here.

Ryguyaz
02-17-2009, 01:50 PM
What I got from those articles (since I am def. NOT outside sales) is that he owes me back pay for the months I have worked here at nothing less than minimum wage? Basically I have just met my draw which added up to $6k. figuring that AZ min wage up until Jan was 6.90 and for the past 1.5 months it has been 7.25, he would owe me an additional 4617? I have a signed sheet from him saying that I get a bi-weekly draw against future commission, but it doesnt say future commission AND minimum wage pay.......

I think I may be confused.

Pattymd
02-17-2009, 02:36 PM
What I got from those articles (since I am def. NOT outside sales) is that he owes me back pay for the months I have worked here at nothing less than minimum wage?

That's not just an article about the law, it IS the law, and I agree with you.

DAW
02-17-2009, 03:15 PM
There is that which is very easy and that which is very hard.
- In the case of the OP, if the employer is not paying at least minimum wage and overtime, then winning a claim for violating this particular law is very easy. I can think of no good reason for the OP to not follow up on this if MW/OT violations are occurring. This is also an example of what is called "black letter law", previously because it is so simply, obvious and hard for the employer to defend themselves.
- Then there are stuff that are very hard. Could the employer be violating a agreement based on what was said. Sure, anything is possible. However the "anything is possible" is a door that swings both ways. It is possible that a very good lawyer could make the argument that you are owed money, but to still have the judge disagree with that argument. Past MW/OT whatever arguments you are talking about are not "black letter law". You are talking about getting your own attorney, probably having to pay the hourly rate up front, and then having a very problematic outcome. I am not saying that you cannot pursue this, but I am not optimistic.

Ryguyaz
02-18-2009, 04:04 PM
A large reason for why I left the job is because he is operating illegally. Is he liable to pay me some sort of severance for that? And by "that" I mean running the business without a broker and forcing me to leave because I was not comfortable working for a company like that.....

Pattymd
02-18-2009, 04:36 PM
No, he is not. You quit. The reasons you quit may very well be reasonable, but there is no law in any state that requires severance when employees resign.

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