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salon worker only paid commission Wisconsin

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  • salon worker only paid commission Wisconsin

    I work in a salon that only pays us commision.I work 40 hours a week.The days that are slow my employer requires us to work on salon stuff like stocking shelves,cleaning dishes,folding towels,putting orders in,counting inventory etc.which is a lot of work.The only thing is we are not getting paid to do this.Some days i am there for the entire 8 hour day without a client,and i do all this work and i dont make a dime.Is this legal?

  • #2
    Probably not, although this is potentially complicated.

    Let's start with the basics. Are you legally an employee? Are taxes withhheld from your check? Do you get a W-2 at year end?

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    Assuming that you are an employee, then the next question is whether or not the federal FLSA law applies to you. The answer to that is probably yes, but the problem is there is a pretty good chance that no one but the government can say for sure.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm

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    Assuming that you are an employee and FLSA is applicable, then one of two things is true.
    - You are under the "normal" rules". You must be paid (at least) minimum wage for all hours worked and you must be paid overtime for all hours worked past 40 in the workweek.
    - Alternatively, you probably fall under the Retail and Service Establishment exception. Your employer is not required to use this exception, but functionally it means that you would (eventually) have to be paid twice minimum wage for all hours worked (but not overtime), and the commission part of the payment could be made later then the minimum wage part of the payment.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

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    This is doubtless a lot more complicated then you were expected, If you do nothing else, keep a hard record of all hours actually worked. (Small paper notebook works great). And then if/when you change jobs (and you will given what you have said), file a wage claim with state DOL for unpaid hours. It will work or it does not and it costs you nothing to try.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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