Hello,

I recently resigned from a company due to what I felt where unfair compensation practices. The employer assigns jobs for pet relocations to his employees, and the employees are paid a flat fee (he calls this commission but it is not based on a % of anything) for completing each relocation (usually $300, but sometimes he will pay more if it is a big move and the margin is good). Sometimes a move can take 6 months to complete from start to finish, and again the move is not compensated until the pet is successfully relocated.

During peak months, the compensation is acceptable. However, he assigns these moves as he sees fit, sometimes giving one employee all of the current moves because she is going on vacation, etc. At other times, business can be slow and there are no moves to assign, however we still have future moves to work.

Because of the way he is assigning moves, I have found myself sitting here working 50 to 60 hours per week, working on moves going 6 months from now, with no hope of any type of compensation for 6 to 8 weeks. During peak months, I have been known to work 70 to 80 hours per week with the only compensation being paid for moves I have completed during the bi-weekly pay period (no overtime).

To me, since I am not paid a minimum salary of $455 per week (or should this be twice the Ohio mimimum wage, which is $7.30?), I am a non-exempt employee entitled to overtime compensation and at least minimum wage for the weeks where I don't have moves which will complete.

I also believe that my overtime should be computed based on the actual amount I earn each week, divided by the number of hours worked, and overtime should be computed based on that hourly rate. Of course, if I work 50 hours and have no compensation, I should be paid minimim wage plus overtime.

The employer also has required people to show up for tele-conferences for training, to write and submit articles for his blog site, to review instructional literature, to test his systems, with no compensation. In addition, I have been asked to "cover the moves" of another employee going on maternity leave for 10 weeks with no compensation. I have in the past covered other people's moves who were on vacation with no compensation.

In addition, the company employs inside salespeople who are paid on a commissions only basis, and they can also go for weeks on end with no compensation if they do not sell a move. I am looking for clarification that I was indeed a non-exempt employee entitled to be paid each week for my time, and overtime if applicable.

I telecommute from the state of Ohio and the employer is located in another state, so I believe Ohio's minimum wage rates would apply.

Thanks for your assistance.

Yes, you must be paid at least minimum wage for all hours worked, and overtime pay for hours worked in the workweek over 40. This CAN be considered a draw against commission, but if the lump sum amount is less than minimum wage, they can't take any money back. Of course, this should be made clear and agreed to in a written document (the "draw" part).

You should be able to file a claim for violation of minimum wage with either the state (start there) or federal Dept. of Labor.