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Min I can be paid while working a commission only job? 45-50 hrs min Maryland

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  • Min I can be paid while working a commission only job? 45-50 hrs min Maryland

    I am a tow truck driver getting paid 100% commission based on every tow I do. I have zero control over the number of tows I do everyday, sometimes I get none. I am required to be at the office mon-fri, 8am-5pm, and 2 saturdays a month,8-1. I do not get paid hourly to work in the office, and am required to be "on call" from 5pm until 8pm to respond to dispatched tows. Does my employer have to pay me for time in the office and time on call if im not dispatched for a tow? Am I required to stay in the office/in the truck if Im not getting paid?

  • #2
    You can be paid on a per job basis as long as you are receiving the equivalent of at least minimum wage for each hour you work and time and a half for each hour over 40 you work in a week. This is assuming you are an employee and not an independent contractor.

    You do not have to be paid for simply being on call as long as you are not unduly restricted. If you are required to stay in the truck or office, this counts as hours worked. If you just have to be available by phone and respond within a certain amount of time, it does not count as hours worked. Of course any time you spend actually responding to calls should be counted as work time.

    Whether you are required to stay in the truck or office is up to the employer.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      that makes perfect sense. thank you very much.

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