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Is it legal to pay only commision after a certain hour and on weekends? Massachusetts

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  • Is it legal to pay only commision after a certain hour and on weekends? Massachusetts

    My husband works for a towing company (driving a tow truck) and I think they way he gets paid is illegal. The owner pays the guys a flat rate of $14/hr during the hours of 8am-5pm. Anything they work after 5pm and on weekends is 30%commision - No flat rate.

    The problem is, that after 5pm and on weekends it is not as busy and they only get 30% of $15 per call. So, the owner is only paying them about $4.50 per call - and its basically impossible for them to go on more than one call per hour due to travel time etc. Some nights they may only get 1 call and others 4-5. Either way they make no money.

    My husband worked 8am to 10pm yesterday (Sunday) and will only make $45 and went on 10 calls - thats busy! The other guys in the shop think it is illegal. I do as well. I am getting frusterated as he also missed Thanksgiving with us and only made $12 for the whole day. How is that right? Is it legal? Thanks in advance!

  • #2
    All that wage and hour law requires is that he be paid an average of minimum wage for all hour worked in the workweek, plus overtime premium if he works over 40 hours in a workweek.

    He'll need to know what the company defines as the workweek. Then, run the math and see what you get.
    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 Patty. - He is not paying them minimum wage when all is said and done. It's sad that they are all too scared to say something to him. Thanks alot for your time.

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      • #4
        Just to be clear, what is he doing on the weekends when he is on call but not actually doing a tow? Is he called on his cell phone when a tow is required? How long does he have to respond?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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