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not getting paid Mississippi

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  • moparman77
    started a topic not getting paid Mississippi

    not getting paid Mississippi

    I work for a dealership and I am full time. they say I work on commission but have to clock in while i'm working. now the thing is, I can sit there all week and not get paid for anything but I can't leave or I lose my job. Don't they have to pay me for the time I am there if I have to be there to keep my job? Who can I call to get my money?

  • Pattymd
    replied
    Just to clarify. They have to count the hours you are required to be there as hours worked. When your gross pay for the week is divided by your hours worked, the result must equal at least minimum wage. If that is occuring, the employer is in compliance with wage and hour laws.

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  • moparman77
    replied
    ok cool so they have to pay me just for being there. thank you all so much
    Last edited by moparman77; 12-16-2009, 03:12 AM.

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  • Pattymd
    replied
    We know what you're talking about and DAW gave you the correct answer. Here is the FLSA regulation that applies.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm

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  • moparman77
    replied
    im talking about hours that I am there and not on the clock. I can only clock in when there is work but the rest of the time i have to just sit there and do nothing but I cant go home so im not getting paid for being there

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  • DAW
    replied
    If by "dealership" you mean Auto Dealership, then you must be paid at least minimum wage for all hours worked.

    The only employee who legally can be paid on a 100% commission basis that ignores actual hours worked are Outside Sales.

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  • moparman77
    replied
    but I have to still be there and I am not able to leave. so they are taking up my time. I thought they would have to compensate me for that in some way

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  • Pattymd
    replied
    Are you a mechanic? And you're not getting jobs to do, thereby not getting any pay?

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