Salary/commission question

[jrteeter]

I am a salesman with a furniture store (In NY). I receive 4-5% commission (roughly speaking) on anything I sell. I am also scheduled habitually for 40-50 hours worth of work a week and i often don't get to take advantage of any break or lunch hour.

What are the laws surrounding salespeople. Do I have to work 50 hours a week? In a twelve hour shift (which is very common) how many breaks do i get and how long. It seems as though they run us into the ground and don't care about anything but the bottom line.

jason

[Pattymd]

Are you an exempt employee? Or do you know? Here is the criteria for (outside-required) salespeople to be exempt:
http://www.dol.gov/esa/regs/complian...a_overview.htm

And do you receive commission only, or a salary/hourly wage plus commissions? Makes a difference regarding pay.

However, generally speaking, the employer can require any hours they deem necessary; whether or not you must be paid for such hours depends on your job classification (exempt or nonexempt).

I could not find any requirements for providing rest breaks in the NY law. Regarding meal periods, see here:
http://www.labor.state.ny.us/workerp...yer/meals.shtm

Having said this about meal periods, however, it has always been debatable whether or not such requirements apply to exempt employees, since exempt employees are basically required to work all hours necessary to do their jobs.