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promised hourly rate not honored. Colorado

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  • promised hourly rate not honored. Colorado

    I have a couple of questions regarding some things that have been happening with my employer.

    1st and most importantly.
    I work for a major retailer who was up until recently paid stictly comission. In early January we were told that we would be converting to an hourly wage in early February. We were all told what the hourly rate would be and offered to let some people who were making more than that wage to transfer to another location. Immedately after this meeting I was pulled aside by my supervisor and told not to panic immedately because they going to work something out to keep a few of us vetrans around. Over the next 2 weeks I had a few meetings with a couple of my supervisors and was offerd a higher hourly rate if I would stay. During one of my meetings with the store GM, I was asked what my intentions were regarding staying or leaving. I told him that I would love to stay but that the rate had to be enough for me to stay. He again told me the higher rate. During this meeting I was told that I had to sign a paper acknowledging that I was going to be paid on an hourly rate instead of commission, and was suprised to see the lower hourly rate. I asked him during this meeting what that was about and he told me not to worry about that and that they just had to get a signature from everybody who was staying and that I was still going to be getting the higherly hourly rate that we had discussed. When our 1st houly paychecks arrived I was very suprised to see that I was paid at the lower rate. I knew of 2 other people who were offered the same deal so I asked them and was told the same story. We each individually asked the 2 supervisors who told us not to worry and that we should place a call to the GM to get it fixed, but to wait until after this Monday. On Tuesday as I'm about to leave, I am called over to my supervisors desk and told that they are "just going to keep everyone at the same rate. Sorry." He then proceeds to tell me that I can transfer to the other location and go back to commission, but he would give me time to think it over. Both of the other two people were told the same thing. I'm not sure what options I have but wanted to see what anyone else had to say.

    2nd. Each salesperson where I work is required to shop a competetor and turn in a report at least once a month. We are required to do this on our own time and are diciplined if we do not. as a Commissioned salesperson I know that we are exempt, but now being paid by the hour, are they still allowed to require us to do this on our own time?

    Any advice on either of these matters would be greatly appreciated.
    TIA

  • #2
    Originally posted by taprice1977 View Post
    I have a couple of questions regarding some things that have been happening with my employer.

    1st and most importantly.
    I work for a major retailer who was up until recently paid stictly comission. In early January we were told that we would be converting to an hourly wage in early February. We were all told what the hourly rate would be and offered to let some people who were making more than that wage to transfer to another location. Immedately after this meeting I was pulled aside by my supervisor and told not to panic immedately because they going to work something out to keep a few of us vetrans around. Over the next 2 weeks I had a few meetings with a couple of my supervisors and was offerd a higher hourly rate if I would stay. During one of my meetings with the store GM, I was asked what my intentions were regarding staying or leaving. I told him that I would love to stay but that the rate had to be enough for me to stay. He again told me the higher rate. During this meeting I was told that I had to sign a paper acknowledging that I was going to be paid on an hourly rate instead of commission, and was suprised to see the lower hourly rate. I asked him during this meeting what that was about and he told me not to worry about that and that they just had to get a signature from everybody who was staying and that I was still going to be getting the higherly hourly rate that we had discussed. When our 1st houly paychecks arrived I was very suprised to see that I was paid at the lower rate. I knew of 2 other people who were offered the same deal so I asked them and was told the same story. We each individually asked the 2 supervisors who told us not to worry and that we should place a call to the GM to get it fixed, but to wait until after this Monday. On Tuesday as I'm about to leave, I am called over to my supervisors desk and told that they are "just going to keep everyone at the same rate. Sorry." He then proceeds to tell me that I can transfer to the other location and go back to commission, but he would give me time to think it over. Both of the other two people were told the same thing. I'm not sure what options I have but wanted to see what anyone else had to say.

    2nd. Each salesperson where I work is required to shop a competetor and turn in a report at least once a month. We are required to do this on our own time and are diciplined if we do not. as a Commissioned salesperson I know that we are exempt, but now being paid by the hour, are they still allowed to require us to do this on our own time?

    Any advice on either of these matters would be greatly appreciated.
    TIA
    As long as you are being paid minimum wage in Colorado, then there isn't anything you can do but find another job.
    Somedays you're the windshield and somedays you're the bug.

    Comment


    • #3
      If I were you, I would call to speak to the GM to find out what is going on. There are no legal issues involved in this since it is not a contract that you had signed. It was just some sort of form that you signed to say that you will be getting paid hourly rather than commission. This form is considered proof to show that you agreed to get paid by the hour rather than commission. However, if he did not also sign that form, it would really be your word against them.

      I think before you decide on doing anything, you should speak to the GM about this situation and maybe there is a reason why they all of a suddent had changed their minds to keep you at a lower hourly rate.

      Comment


      • #4
        What may have happened is that your supervisor could have promised you the higher wage to get you to stay before clearing it previously with his boss. Then after all was said and done, he was told that no, you couldn't get the higher rate, and now here you sit. That's just an idea, but it has happened many times. Unfortunately, it's not illegal. Unless you each signed something that said you'd be paid a higher rate, there's nothing you can do.

        As far as shopping at your competitor for work, I'm not sure. Personally, if I required employees to shop at a competitor for business reasons, I would pay them, but what I would do is a moot point. I don't know what to tell you other than to call your state's department of labor and ask them about it. They would be able to tell you for sure if you should be paid or not for your time. I always thought that purchases for work and time spent working (no matter where it's done) was considered compensable time...

        Comment


        • #5
          Originally posted by JulieBean View Post
          As far as shopping at your competitor for work, I'm not sure. Personally, if I required employees to shop at a competitor for business reasons, I would pay them, but what I would do is a moot point. I don't know what to tell you other than to call your state's department of labor and ask them about it. They would be able to tell you for sure if you should be paid or not for your time. I always thought that purchases for work and time spent working (no matter where it's done) was considered compensable time...
          It is compensable time, Julie, but mlane's comment applies to all hours worked.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment

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