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Draw and OT NY New York

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  • Draw and OT NY New York

    - My employer pays us a draw (every month the draw resets to 0)
    - They that half time rule for salary (legal for salary but i'm not salaried)
    - The half time paid is also less than the minimum wage for my county/state, not federal
    - They are a retail business

    1. Am I entitled to time and half?
    2. If I am not entitled to time and half, am I entitled to my counties minimum wage?

    I would have never said anything but they changed our comp plan to screw us just as things were starting to look up.
    Thank you.

  • #2
    If you are getting a draw, do you also receive commission?

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    • #3
      Retail/Service Establishment exception

      There are a huge number of federal overtime exceptions. Read the following and see if it applies.

      https://www.dol.gov/whd/regs/compliance/whdfs20.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by HRinMA View Post
        If you are getting a draw, do you also receive commission?
        Yes, however the company is literally experimenting with my office, and the commissions will not have been more than 50% of the salary, for almost everyone in my region over the last several months (while they forced us to do nonsense overtime for at least 10 hours a week at half time pay.) This will be different going forward as they changed their comp plan (issues there as well), hence the reason I will probably be leaving and figure wth, might as well get paid for those hours I worked.

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        • #5
          Originally posted by DAW View Post
          There are a huge number of federal overtime exceptions. Read the following and see if it applies.

          https://www.dol.gov/whd/regs/compliance/whdfs20.pdf
          I have read that. Is it implying that if less than half of my earnings are commissions the employer must pay ot at the correct rate, or even the county minimum? (one of the 3 conditions)

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          • #6
            What I quoted is federal law (FLSA). The normal OT rules are also federal law. If your county has a law (which I do not know), federal law does not make the county law go away.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Originally posted by DAW View Post
              What I quoted is federal law (FLSA). The normal OT rules are also federal law. If your county has a law (which I do not know), federal law does not make the county law go away.
              Thank you. Pretty sure I am getting screwed now lol

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