comission only-stay with no pay

[rexygirl1980]

I work in a salon and am paid strickly by comission, no hourly rate. Our employer is telling us that we have to stay when we have no clients, and esentially are not getting paid. They also want us to make up any lost time, example if I leave an hour early because I have no clients, I have to make up that hour on another day. Can they legally do this, since I am not making any money when I have no clients.

[LaborLawNJ]

Yes, they can require you to be there at those times.

It is the employers prerogative to determine what hours you work, whether you are actually performing work or not.

However, all hours that you work (even just waiting around) must be paid at least at the minimum wage ($6.15/hr). To determine this divide your weekly gross pay (excluding tips) by the number of hours you work. That amount must be at least $6.15/hr.

Regards.

[rexygirl1980]

I agree. I would have no problem staying, if they are going to pay me for those hours, but they aren't, so the question at hand is, if they aren't going to pay me, do I have to stay.

[LaborLawNJ]

You said, "I would have no problem staying, if they are going to pay me for those hours, but they aren't"

Yes, they are paying you for those hours. The commission you are being paid is spread out over all of your hours.

"If they aren't going to pay me, do I have to stay"

Of course, you have the right to leave if you don't want to stay, but, don't expect to have a job when you return. They can legally fire you for leaving.

Regards.

[rexygirl1980]

Those hours that I am not working, or not taking any clients does not reflect on my paycheck. If you were to actually pay me for the hours of downtime, by a reflection of my comission to an hourly pay, I would make more. They are not paying me for my downtime, if I leave early it does not reflect in my paycheck. There is no compensation if I work a day and only have 1 client, I'm not getting paid for those 8 hours that I sit around. Some salons do pay you for your downtime, then yes you should wait around for a guest, but mine does not.

[LaborLawNJ]

Ok, let me try this one more time.

I understand that your pay stub does not reflect your total hours spent at the salon at a given hourly rate (ie 23 hours at $12.00 an hour).

What I am saying is that the employer does not have to pay you that way (ie by the hour).

They can pay you on a commission only basis so long as the weekly total of all your commissions divided by the total hours spent at the salon equals $6.15 an hour or more.

For example, you spend 40 hours at the salon one week. During that week you only have three appointments which take you three hours to complete. The remaining 37 hours at the shop are spent sitting around. Your commission for the three appointments equals $250.00. All that you employer would have to pay you for that week is the $250.00 because that works out to be $6.25 an hour ($250.00 divided by 40 hours) which is more than the minimum wage.

This method of payment for workers in the "Beauty Culture Occupations" has been approved since the early 60's and is memorialized in Wage Order No. 12 (N.J.A.C. 12:57-4.1 et seq) issued by the New Jersey Dept. of Labor, Div. of Wage and Hour Compliance.

The practical implication is that you should be keeping a weekly record of all the hours you spend at the salon. At the end of each pay period divide the number of hours into your commision for that pay period. If the number is less than $6.15 you have recourse.

If you are still unsure about all of this contact the New Jersey Dept. of Labor, Div. of Wage and Hour at 609-292-2337.

Regards