SC Commissioned Sales Question - Unfair Scheduling Practices:
I work for a Harley-Davidson Dealership. I was hired to both sell and market motorcycles on the internet, as well as inside the dealership.
They "classified" me as a Manager, and agreed to pay me $1000 a month in salary, plus 10% commissions on my sales. They schedule me, and treat me as a member of the sales staff. I do not have any employees that answer to me, nor do I have any “supervisor” or “management” duties.
My question is regarding the scheduling practices of the dealership. The sales team (myself included) is required to work from open to close for a 5 day work week. This in itself isn't so bad - the issue is that we are required to work every weekend.
Now there are approximately 50 other employees of this dealership who are allowed a "rotating" schedule. They are Parts, Clothing, Accessories and Service employees. They are allowed to take weekends off on a rotating basis. They are paid an hourly wage – plus bonus for hitting sales goals.
We also have a member of the sales team (I’ll call him “Jim”) who is allowed to work for 3 straight weeks with no days off, then he is allowed a full week off to go home to Florida to see his wife.
I am a single father, and I have repeatedly asked for a change in my schedule to allow me to take off just 2 Sundays per month (in place of working an additional day during the week).
My employer always says “No, everyone works on Sundays” – however this isn’t true. Out of a staff of over 50 people, the 4 salespeople (not including “Jim”) are the only ones kept locked into this schedule.
Since there are so many people working here, and only the 4 of us are prevented from taking a weekend off – is there some violation here?