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paying minimum wage then taking it back-GA Georgia

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  • paying minimum wage then taking it back-GA Georgia

    I work for a car dealership. There are some weeks that I dont sell a car. On the following week I get a check for minimum wage. The next week, I sell a car and I get a check for the comission minus any minimum wage that I was previously paid. Can someone verify that this is kosher?

  • #2
    Well, "kosher" is not the proper word to use (honestly, it can be offensive to some), but it is likely illegal. Each workweek stands alone. You can file a claim with the federal Dept. of Labor (Georgia doesn't have a minimum wage law of its own).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      the state said that it is legal!! they said that they get a bunch of calls about this but that it is legal. We have to repay it. I dont know why she couldnt quote the section but there it is.

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      • #4
        I would contact the federal DOL, as I recommended earlier. Georgia doesn't HAVE any laws regarding minimum wage; that's why they couldn't find the statute.
        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
          I did. They referred me to the state. She actually transferred me. After waiting for a few minutes the lady said that it is perfectly legal for them to ask me to repay the minimum wage to the employer when I make a sale.

          Is the lady that she transferred me to at the GA office wrong?
          Last edited by tylerthesmiler; 11-07-2006, 05:51 AM. Reason: question

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          • #6
            Doesn't sound right to me. And I don't know why the federal DOL referred you to the state. Call back the federal DOL and ask to speak with a supervisor.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              It may not be right, but it may be legal

              Recovery of a paid "draw" in a subsequent pay period may be legal. At least it is in Texas, and I've seen it in other states. It's going to depend on how the compensation or commission agreement is written.

              As for why the U S DOL referred you to the State, it's because that is what they do. The toll-free DOL number is highly scripted, and the reps are accustomed to referring all that they can to the State. As Patty suggests, either ask to speak to someone who can help, or call a Regional DOL office. I'm sure they're in Atlanta, and almost certainly Augusta and Savannah.
              Last edited by Texas709; 11-07-2006, 12:40 PM. Reason: sp

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