Can cmpny make manadatory meetings for commissioned employees w/out pay in Tennessee? Tennessee

[dew0502]

Can a company make meetings mandatory even though you are a straight commissioned employee and receiving no pay for attendance. This has been going on every 15th of the month and we recieve no wage for attending and we are straight commissioned. The entire day is consumed by this meeting, thus loss of commissions.

[robb71]

The state of Tennessee defers to DOL with respect to wage payment regulations.

http://www.state.tn.us/labor-wfd/lsques.html

Here are the regulations on commission employees:
http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm and
http://www.dol.gov/esa/whd/opinion/F..._17_1_FLSA.htm.

It's my understanding for these rules to apply that:
(1) the employee must be employed by a retail or service establishment;
(2) the employee's regular rate of pay must exceed 1 1/2 times minimum wage*; and
(3) more than half of earnings must consist of commissions.

* Since there are no state laws in Tennessee on minimum wage, it reverts to the federal amount which is $5.15 per hour.

If all 3 conditions are met, I feel safe in assuming that you'd be considered exempt under FLSA and therefore not entitled to additional compensation for the mandatory meeting.