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non-commission items on a straight commission sales floor - NY New York

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  • non-commission items on a straight commission sales floor - NY New York

    I work for a large retailer that has three different pay scales: straight commission departments (with draw if you fall under minimum - to be paid back out of next pay), small base pay + commission departments, and hourly departments. I work in a straight commission department. Over time, more and more items that we do not make any commission on have been made part of my department. I am expected to spend time with customers explaining these items, ring them, order them if needed, stock them on shelves as they come in, straighten and do price/signing changes on those items as needed. All this while commission customers are walking away being rung up by other departments because they don't wish to wait for me.

    Now, if there weren't regular "cashiers" throughout the store that could handle these items, it wouldn't seem so bad. But there are. And those people pull an hourly wage to ring/stock/clean/etc..

    Is it legal to make commission people responsible for merchandise they don't get paid to sell? If so... Can someone point me to written law that I can print and show to my employer?

    TIA

  • #2
    Since you are "inside sales", you may be exempt from the overtime provisions of the FLSA with the following caveat. (You STILL must be paid at least minimum wage.)
    http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

    If your commissions in a representative period (at least one month) are not at least 1.5 times the federal minimum wage, you also must be paid overtime pay.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR779.411.htm
    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
      Hello Pattymd. Thanks for your reply.

      Please excuse my ignorance... this labor law lingo is all new to me.

      I read through the material from the links you provided and I'm not sure how it pertains to me being "forced" to sell merchandise I don't get paid for. Can you dumb it down for me a little bit?

      I did find the part about figuring whether or not I'm being paid 1.5 times minimum wage very intriguing. I'm going to look into that. Thanks!

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      • #4
        Is it legal to make commission people responsible for merchandise they don't get paid to sell?
        Yes, your employer can give you additional duties.

        Can someone point me to written law that I can print and show to my employer?
        No, because there isn't a law prohibiting it.

        If you don't like your employer's terms, you can always fire them.
        Never, under any circumstances, take a sleeping pill and a laxative on the same night.

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        • #5
          Thank you

          Of course, that's not really the answer I wanted to hear.

          Thanks for your reply.

          Comment

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