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commission payments for hairstylist in Idaho

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  • commission payments for hairstylist in Idaho

    My wife was working for a salon and she was putting in around 60 hours a week. She was there because she was the only one in the salon. She was taking care of all the salons needs while not having any appointments. She was only paid by commision and wasnt paid for doing anyother services other then cutting hair. I believe that she is owed money from the company but I am unsure. SOme of the duties were running the tanning beds, answering the phone and making sure that the salon was well cared for and always kept clean. Is she supposed to be getting at least the minimum wage of the State of Idaho if her commisions dont overseed the minimum wages? Or is she just supposed to be getting commission on what she does no matter the time spent?

    She was also out of work because of a fire in the building adn the company was given payment because they couldnt open the salon because an ajoining business caught on fire. Should she recieve payment for not being able to work when it wasnt her fault that the salon wasnt open?

    Thanks for everything in advance.

  • #2
    I'll let one of the payroll people answer your first question; I only can answer commission based questions in my own state and not always there.

    I can tell you that there is no requirement that she be paid for time not worked due to the fire unless she has a legally binding and enforceable contract or CBA that says otherwise. While it is not her fault that there was a fire and the salon is closed, it is not the employer's fault either.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The employee in this case needs to be paid at least minimum wage for all hours worked, which would include hours that the employee is required to remain on the premises.

      http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Please correct me if I am wrong but this is what I understand so far. While the main base pay is based off of commisions that my wife gives if she works more then 40 hours and is required to be at work she is supposed to recieve at least minimum wage if her commissions dont equal minimum wage.

        On the other hand if she works more then 40 hours and is required to be there she is supposed to recieve time and a half on at least a minimum wage for ever hour worked if commissions dont add up to time and a half wages???
        I am unsure if I completely understand this.

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        • #5
          Your first paragraph shows you understand the basic concept; yes, that is correct.

          Here's an example of how overtime works for a compensation packages such as hers.

          60 hours worked
          Commissions = $400
          Regular Rate of Pay = $400 / 60 = $6.67/hr
          That is less than minimum wage, so she must be paid at least $290 for her first 40 hours (40 * 7.25) plus 20 hours overtime at 1.5 = $217.50 (20 * 7.25 * 1.5) for a total gross pay of $507.50.

          Now, let's change the amount of commissions in the above example to $600.
          Regular Rate of Pay = $600/60 = $10/hr (over minimum wage)
          Overtime = 20 hrs * $10/hr * .5 (premium portion of overtime-straight time portion is already included in the commissions amount) = $100
          Total Gross pay due of $700.

          Does that help clarify it?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Yes that helps alot I appericate the clarification a ton. I am trying to get my ducks in a row so that I can aproach her previous employer and get the money from them that is owed to my wife. It is frustrating when owners of businesses dont understand laws about pay, or they do and just try to slip one by. What drives me even crazier is that people just lay down and just take peoples word for pay scales and amounts. GrRRrrrrrr. Thanks again for all the help I appiciate it a ton. Dustin

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            • #7
              YOU should not do anything. The employer doesn't have to talk to you and, as a manager, I certainly wouldn't do so. You can certainly educate your wife, but SHE needs to be the one to address this situation.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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