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Exempt Employee? - Mandatory Seminar Pennsylvania

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  • Exempt Employee? - Mandatory Seminar Pennsylvania

    After years as a business owner I entered the work force as a Doctor, with title of clinical director. I was recently informed that I have to attend a mandatory seminar outside of work hours on the weekend. I was also informed I wouldn't be compensated.

    I am paid commission (with a daily draw against) but the information at the seminar does not relate to my position nor will it in any way enable me to increase my commission. I know from being an employer that I was required to compensate my employees for mandatroy seminars.

    What I need to know is am I an exempt employee and am I supposed to be compensated for this mandatory seminar? Thanks for your help.

  • #2
    I am not a pro at this, but did you sign a contract, that spoke of your payment (commission), did it have anything in it about this? I would think, if you are not making less than minimum wage, when you get your commission, then they can do this. Would they fire you if you do not go? You could call your states Department of Labor, and ask if they can do this. You get commission, for whatever people buy, the seminar, may fall in a different catagory, it is worth a check.


    • #3
      You definitely meet the criteria to be an exempt employee, except for one thing, which I'm not clear about from what you posted. You say you are paid on a commission basis with a (I assume, recoverable) draw. Under the Professional exemption, physicians may be paid on an hourly basis without jeopardizing the exemption; or they must be paid a guaranteed salary or fee basis of at least $455 per week. Do your commissions ever go below that? If so, what happens with your pay? And, if I may ask, since this is not my industry of expertise, is this type of pay arrangement common for physicians and, if so, it what type of clinic/hospital/center, etc.?

      If you are properly classified as exempt (and I'm guessing you are), your employer may require you to attend seminars (whether you think they are beneficial or not) and is not required to pay you anything additional. DO you have an employment contract and, if so, does it say anything about such training?
      Last edited by Pattymd; 01-02-2007, 03:30 AM.
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