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Commission job-forced unpaid ot

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  • Commission job-forced unpaid ot

    My husband works for an independant contractor's office. He is an employee of this company, and is paid for each job he performs. Lately, they have been forcing him to work 6 days a week, and 12-14 hr days. Once he has completed his assigned work, his employer tells him he HAS to go and help another employee with their work AND he does NOT get paid for it. This has become very frustrating. I know Oregon laws say that the employer can mandate OT, but he isnt getting PAID for any of the OT that he puts in, and not getting paid for jobs that he assists with. If he ever mentions that he doesnt want to go, or can't do a job, they tell him to turn in his truck and look for a new job. We cant afford for him to quit, but this cant be legal is it??!

  • #2
    Well, it might be.

    Is he paid X amount per job or is he paid an hourly rate?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      He is paid by the job. No hourly rate. :-(

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      • #4
        It could possibly be legal.

        If the total compensation for his lump-sum jobs divided by the total hours worked (ALL hours) is at least minimum wage (which in Oregon is currently $8.40/hr), then the company is not violating the minimum wage law.

        He must also, however, be paid overtime, although the calculations are a bit different.

        Example:
        Worked 50 hours, earned $800 in job pay
        Regular rate of pay = $800/50 = $16.00/hr
        Overtime premium - $16 * .5 * 10 hrs = $80 (the straight time portion of the overtime is already included in the $800 above)
        Total pay due = $880

        Does this help at all?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Just a thought, but I saw the word "truck" mentioned, as well as "independent contractor's office". Just to be sure:
          - Are we talking about someone who is being treated as an employee? Taxes withheld from check? W-2 issued at year end?
          - What is the nature of the business? And what exactly are the job duties (not just the job title)?
          - If the employee is a truck driver, please look at the following.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Hey, DAW, you playing my game now? Your "following" isn't there.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              Hey, DAW, you playing my game now? Your "following" isn't there.
              Sorry about that.

              http://www.dol.gov/esa/whd/regs/compliance/whdfs11.pdf
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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