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Comission Laws in Ohio

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  • Comission Laws in Ohio

    My husband works for an autobody shop and gets paid for each car he works on - he does not get paid hourly. However, his manager is telling him that he has to stay until 5:30 p.m. everyday even if he does not have a job to work on. Legally, can his manager make him stay until 5:30 p.m. even if he is just sitting around without any work.

  • #2
    The employer can make the employee hang around doing nothing. HOWEVER, even if the employee is normally paid on a piece work rate (or flag rate or whatever dippy phrase is being used this week), the employee is still legally Non-Exempt under the federal FLSA law. The employer is still required to keep track of all hours worked, which would include time the employer is requiring the employee to "hang around". The employer must still for each workweek pay the employee at least minimum wage and overtime.

    http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

    http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

    http://laborlawtalk.com/showthread.p...d=1#post959664
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks, I am sure he will be glad to have that information.

      Comment

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