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Pay for Training North Dakota

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  • ndgal58078
    started a topic Pay for Training North Dakota

    Pay for Training North Dakota

    The organization I work for is requiring their salespeople (who are paid via straight commission) to come in on their day off for training, without pay. Is this legal? All salespeople work Friday-Sunday, and then Monday/Tuesday or Wednesday/Thursday which equals out to around 50 hours/week.

    Thank you in advance for your assistance.

  • ndgal58078
    replied
    Thank you for your assistance!

    Leave a comment:


  • DAW
    replied
    This fails the test for the federal Outside Sales exception, so inside sales.
    - You must be paid at least federal minimum wage for all hours worked on a workweek basis under federal rules. Overtime is more complicated. This can fall under the Retail/Service Establishment exception. The employer is not required to use this exception, but if they do so, the overtime rules are functionally greatly altered. Basically overtime is eliminated, but at the cost to the employer of a more expensive set of mandatory commission rules. This exception does NOT eliminate the minimum wage rule.
    - Your state is not my state. If you state has rules applicable to this situation, I am not familiar with them.
    Last edited by DAW; 04-11-2010, 10:58 AM.

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  • ndgal58078
    replied
    It is a furniture store that is part of a large chain. All items are sold within the store and we no longer have designers that go to customer's homes. The issue is that an employee had made plans for her day off and is now being told that she must attend this training which happens to be A.) on her day off and B.) unpaid. This is a regular occurrence, but this is the first time I can remember anyone questioning the legality of it.

    Thank you for your assistance!

    Leave a comment:


  • DAW
    replied
    No problem.

    FYI to the OP. How things are being sold can make a difference under federal law (FLSA). The "normal" rule is that minimum wage and overtime (if applicable) must be paid on a workweek basis for all hours worked. The problem is that FLSA is pretty much Exceptions-R-Us. There is a duties specific exception for Outside Sales and the possibility of other industry specific exceptions, depending on what is being sold (and how).

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  • Betty3
    replied
    Sorry, DAW, your post wasn't there yet when I started mine.

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  • Betty3
    replied
    Are you outside sales? Thanks.

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  • DAW
    replied
    What is being sold? And where is it being sold? Inside sales or outside sales?

    Leave a comment:

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