exempt question

[njproducer]

Hello all,

I have read the threads on this matter and have a specific question regarding two areas. I am employedas an outside sales person. I am paid as "salary" but the dollar amount comes from 100% of the commissions I sell. The employer "holds" this money due me in an account, that weekly amounts are removed and paid to me in a paycheck with normal taxes retirement etc with held. I have a desk, expected to do all duties in the office as well as make sales calls, but the real situation is this.. I do not get sick time paid by the employer. I am "given" several days of "time off" but the pay still comes out of my already earned commissions?? The Employer does not pay me out of a seperate account so to speak and I am controled with out a contract on how many days I can use/take? Is this legal? has anyone else seen simulare situations? Thanks for the input.

[LaborLawNJ]

I am not sure I understand the arrangement or what you are asking but I'll try to answer.

First of all, an employer is not required to give you holidays, vacation days, personal time, sick days, (with the exception of bona fide medical leave, disability leave etc).

Secondly, if the employer does give you days off, they are not required to pay you for that time.

With regards to your pay arrangement, when is the commission due to you? What is the employers policy regarding its payment?

Is your pay the same amount every week? In other words, if you sell 1000 widgets this week and your commision on that is $500.00 but next week you sell none do you get the same amount of pay the second week?

There may be a wage payment issue here but I need some more specifics from you regarding the pay arrangement before I can address that issue.

Regards.

[njproducer]

Yes I see I confussed the issue,
I am trying to understand if I am exempt or not based on the Law I could argue it both ways... So I thought the Sick time issue would define it better...

answer to your question, I earn my commissions when this company posts the revenue. Starting January 1st I had 20k carried over from last years fully earned commissions. The Company then pays me weekly out of that value.. as I generate renewal & new commissions it builds up in this account and they only pay me a preset amount every two weeks. The commissions in this account are fully earned and due me when they post.
My pay is the same every two weeks despite if I sell 1000 widgets or 40,000 widgets!!! But I have a growing value earned( when I sell 40,000) and at the end of the year it is paid to me as a bonus.. But it was my earned commissions all along!

[LaborLawNJ]

With regards to your exempt status, do you do all of your work from the office?

In other words, you are a salesperson but you do sales from within the office?

Are you ever on the road? Do you ever go business to business to make sales?

With regards to your pay, you have raised some serious concerns (in my mind) regarding your employers pay practices. If you would like to discuss further please contact me off-list.

Regards.

[njproducer]

Yes I work from the office but I do make outside sales calls.. the employer expects me in the office before other staff members arive (8am) and I should leave after they do 5pm....

and of course I musty check in if out of the office... but a lot of my daily expectation is to service my existing customer base..

I have responded to you privately about the pay schedual.. please confirm receipt or direction on how to get you direct.?