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Commission Pay Question Connecticut

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  • Commission Pay Question Connecticut

    I work in CT as a Mortgage Processor in an office. I'm required to work a 40 hour work week, but my only pay is commission per file closed. If there is not any work to do I still have to be in the office, I am unable to obtain additional work because I only can work on files that other Loan Originators give me, and after I've completed my work, if the Borrowers decide not to go through with their loan, I do not get paid.
    Am I entitled to make minimum wage for the hours I am in the office?

  • #2
    I have a poor understanding of when or how employees can be paid straight commission.

    An outside sales rep's pay (including folks who simply do sales over the phone) is dependent upon his/her ability to make contacts and sell products. I have no problem with them being paid straight commission.

    I do see a problem with you, being dependent upon other sales reps, being paid straight commission, but expected to be on site 40 hours a week.

    Hopefully, Patty or some other expert will come along and explain why or why not you should be paid the way you are.

    I will continue looking for info, but you are certainly getting a raw deal, even if it is legal.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      I don't disagree with ScottB's interpretation. However I do believe this pay method is legal. I am having trouble accessing DOL's website. I know one of the Topical Fact Sheets covers this issue. I believe there is a specific reference to financial services and commissions.

      The requirement is that the regular rate of pay must be at at least minimum wage. In Connecticut, minimum wage is set to increase on 1/1/07 to $7.40 per hour.

      For example, if your weekly gross pay is $1000.00 and you work 40 hours, your corresponding rate per hour is $25. Since $25 is greater than your state's minimum wage, this pay method meets the minimum pay requirement.

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      • #4
        http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

        The above is the link I mentioned. DOL site seems to be down for the moment.

        Comment


        • #5
          Robb, the problem the OP has is that he/she is not getting paid even minimum wage unless other folks in the company make sales.

          This must be wrong, but I am unable to come up with any statutes to support my belief OR to prove me wrong.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Originally posted by ScottB
            Robb, the problem the OP has is that he/she is not getting paid even minimum wage unless other folks in the company make sales.

            This must be wrong, but I am unable to come up with any statutes to support my belief OR to prove me wrong.
            If the regular rate of pay is less than minimum wage, I agree that's a problem.

            OP can you provide a "real" world example? Under these circumstances, what is your gross pay compared with # of hrs worked?

            Comment

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