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NY-Exempt Employee & Compensation/Hours Worked

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  • NY-Exempt Employee & Compensation/Hours Worked

    I work as an inside partly commissioned sales rep. I make a base salary of X and I am entitled to an annual commission based on sales. I work an average of 5 10-hour days. On my pay stub, when I am sick or take vacation, 8 hours each day is deducted from the time off bank. The money in my paycheck is the same as if I worked all week. These are my questions.

    1) If I log 40 hours in 4 days and miss the fifth day, do they have to take it out of sick/vacation or can I say that I have put in my 40 hours? For example, If I work 60 hours in a week, I receive no overtime. If I work 40 hours and call in on a Friday, they make me use 8 of the 40 sick hours I have.

    2) If I work less than 8 hours in a day, can they make me use my time off?

    Thank you for your help.
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