Hi, I am a part time employee at my company. Many of our employees are 100% commission paid. My question, however, concerns our full time employees.
Our company has recently (at our yearly reviews) presented us with a form. We have been given this form in advance bascically stating that our full time employees positions can be turned into part time positions AT WILL. This would mean a SIGNIFIGANT loss of benefits (loss of 6 weeks vacation, loss of sick pay, retirement benefits). We know what this form says and we were all given it a week in advance. When our yearly review approaches (some have already gone through this process) we MUST sign this form saying we agree to this on the SPOT. If we don't sign, it is considered a voluntary resignation. If we do sign (many people have been on for 20 years and are up for retirement very very soon) we cannot comment anywhere on the form saying we were coerced. Quite a few people have already "voluntarily" resigned, or have put comments on the form after signing and were also "voluntarily" resginated.

IS THIS LEGAL?

AND ALSO: Is there a certain amount of time you can work where you have no opportunity to make a commission? Such as working 5-10 hours a week when the store is not open, thus, having no opportunity to make money when on 100% commission and not being compensated by the company?

Yes, this is legal. What you are failing to take into consideration is that unless you have a valid, enforceable, legally binding contract that specifically says otherwise, your employer has the right to make your position part time any time they choose to whether you sign the form or not. All this form is doing is putting it on paper. It doesn't change the employers right to amend your employment and it doesn't violate any of your rights. If they choose to consider failure to sign a voluntary resignation, they can do so. The unemployment office might or might not agree, but there'd be nothing illegal about it.

First question yes, it is legal, because there is no law that prohibits it.

Second question. No. However, you must receive the average of either minimum wage (if nonexempt) or you must receive at least $455/wk (if exempt, in most states) for the work week. If your commissions don't bring you up to the applicable amount, your pay would have to be supplemented, unless you are exempt from the salary minimum due to the Outside Sales Exemption.