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100% Commission no hourly pay Massachusetts

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  • 100% Commission no hourly pay Massachusetts

    I work in a salon/day spa in Massachusetts and we all get paid 100% commission (40-45%/service). We have to arrive for our shift 15 minutes before and we are not allowed to leave until 10 minutes before the end of our shift. If we don't have any clients we cannot just sit around. We have to clean, restock, do laundry, offer services to other clients. We are only allowed to leave when the manager/owner says its okay, usually its only an hour before the end of our day. If you question the manager/owner on what your rights are you are then treated like a trouble maker and soon you are forced to quit. One of our employees received a $17 check for her services for the week. I also know that the owner asks her employees to pick up her children after school and she has also asked them to babysit in the past. These are only a few of the things that are going on at the spa. Everyone is afraid to speak up and this has been going on for a long time. What are we supposed to do? Is this legal?

  • #2
    Not legal. The only class of employees who can legally be paid on a commission only basis ignoring hours is worked are Outside Sales. It is very likely that minimum wage must be paid in this situation.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Actually is legal if the employer is using the 7i commission exception which these type of employees could be. If the employer is a retail or service establishment, which I think it is, then the 7i exception may apply to workers of the establishment. However, overtime and minimum wage may be due if the two test below in the exception are not met, such as
      1. the employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
      2. more than half the employee's total earnings in a representative period must consist of commissions.
      http://www.dol.gov/esa/whd/regs/compliance/whdfs20.pdf
      Last edited by ArmyRetCW3; 11-23-2008, 09:36 AM.
      ========================================

      "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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      • #4
        DAW's response did say ignoring hours.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Part Time

          The 7i I believe is for overtime pay. We all work part time with maybe two full time girls. We do not get paid for the time we are there, only per client. If you have no clients, you don't get paid. It's that simple. How can this be okay. I can see if you don't have any clients you don't have to show for work. Any days that are missed or hours missed MUST be made up on another day. Tips are only optional. For example: I have a shift from 9-5, I show up for 8:45, I have only one client at 11. I have to stay there all day and wait for someone to call for an appointment or walk in. I am not allowed to leave. This does not seem fair to me. There has to be some laws set in place to protect employees from not getting at least the minimum wage if your commission has not been met.

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          • #6
            You might want to refer to DAW's 11-22 post & link. I agree that it seems you must be paid at least minimum wage. You might also want to review this link:

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

            You might want to put in a claim/complaint with the Ma. Attorney General's office.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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