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Work for Commission make 2.27 a hour?

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  • Work for Commission make 2.27 a hour?

    Ok so I work for commission for the (deleted) retail chain doing sales in the mall. I was offered this job and filled and I filled out an application and took it. After filling out the application which was just information about me and signing at the end stating it was known to be true, I then signed form that was our commission rates. Thats all that was on it was commission rates. Well I have worked here for about 3 weeks now and have divided my sales by hours worked to come up with me making 2.27 a hour.

    I work inside the mall 100% of the time on a work schedule given by the owner. My question is since I am making WELL under minimum wage would I be entitled to it? My owner/boss says no I am a contracted employee. I told him the only contract I signed was the paper stating what the commissions were and had no other information within.

    Am I entiled to minimum wage in this scenario. I make $5 a hour less than minimum wage. Also my boss just told me I am in charge of paying my own taxes. Yet I dont have a W9 given from him. What should I do other than quit?
    Last edited by cbg; 09-06-2009, 01:08 PM.

  • #2
    There is no such thing as a "contracted employee". You are an employee, in that you are told what to do, when to do it and how to do it. You are entitled to minimum wage on a workweek basis, but let me ask one question. Is this the only location the employer has? Do they buy merchandise for resale from out of state or take credit cards? There's a reason I'm asking.
    Last edited by Pattymd; 09-06-2009, 01:32 PM.
    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
      Thanks for the reply and to answer the questions you asked...

      This is not the only location the employer has in town. They are located at Hickory Hollow, Rivergate, and Opry Mills Malls in the Nashville, TN area.

      I am not sure where the merchandise comes from exactly but I would bet it comes from out of state as UPS delivers us the equipment that we sell. I know when we run out of something it isn't like we can run up the road and get more we have to wait for UPS to bring more merchandise.

      Also yes we do take Credit Cards actually that is the only form of payment we will take.

      I am curious to see why the above information is important could you enlighten me?

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      • #4
        It's important because it makes the employer subject to the Fair Labor Standards Act, which regulates, among other things, minimum wage and overtime pay.

        You can file a MW violation claim with the state Dept. of Labor.
        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
          Thank you so much for the helpful information. I at least know what is entitled to me. I know one thing working at a (deleted) hub is shady business.
          Last edited by cbg; 09-08-2009, 05:02 AM.

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