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Auto dealer in CA says no draw, no minimum wage?? California

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  • Auto dealer in CA says no draw, no minimum wage?? California

    Please help if you can. I work for a car dealership in California that pays commission only and says it does not have to pay a draw or minimum wage even if no commissions have been earned.

    In other words, I have a signed W2, am required to be here 60 plus hours per week, handle tasks and assignments which are constantly given, but if I dont sale any cars they say they dont have to pay me anything at all.

    Is this legal?? If not can someone provide me with the specific code, so I have some leg to stand on if I have to confront them. I really need help on this, I have not even paid my rent yet, and do not think what they are doing is right.

    Thanks so much in advance!

  • #2
    call your local state dept of labor. i know in TN and KY where I do payroll in dealerships- min wage is required in your type of setting, but don't know in CA

    Comment


    • #3
      Unless I am missing something, under federal rules only, you must be paid minimum wage but not overtime. The rules cannot be any worse (for you) then the federal rules. California may (or may not) have more favorable rules. I am not familar with CA rules specific to auto dealerships (if any) but I can give you a pointer to their Exempt exception page. You can file a wage claim with CA-DLSE for any CA minimum wage not paid. Obviously keep good records of actual hours worked at home. Also, do not use your employer's computer for personal email or internet searches.

      http://www.dol.gov/esa/regs/compliance/whd/whdfs11.htm

      Numerous exemptions exist which remove certain types of employees from specified requirements of the FLSA. Among those most commonly applicable to automobile dealerships is one which exempts certain sales and parts personnel, mechanics, and service writers from the overtime requirements. Another exempts certain managers and administrative employees from the minimum wage and overtime requirements.

      http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        California overtime laws

        Originally posted by lagunaruna View Post
        Please help if you can. I work for a car dealership in California that pays commission only and says it does not have to pay a draw or minimum wage even if no commissions have been earned.

        In other words, I have a signed W2, am required to be here 60 plus hours per week, handle tasks and assignments which are constantly given, but if I dont sale any cars they say they dont have to pay me anything at all.

        Is this legal?? If not can someone provide me with the specific code, so I have some leg to stand on if I have to confront them. I really need help on this, I have not even paid my rent yet, and do not think what they are doing is right.

        Thanks so much in advance!
        You must be paid at least minimum wage for all hours worked. As a sales person to be exempt from overtime under the inside sales exemption, your employer must pay you 1 1/2 times the minimum wage and at least 1/2 of your income must come from commission. If this has not occured you may be entitled to overtime.
        Walter L. Haines
        Attorney at Law

        "When you need an experienced Overtime Lawyer"

        Paymeovertime.com

        The material is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. DO NOT act or rely upon this information without first consulting an attorney.

        Comment


        • #5
          @daw

          I really don't see your help in all your answers your basically quoting the labor law definitions. If you have experienced these situations I would love to here something in that nature. THanks

          Comment


          • #6
            Barwain, please don't answer old threads. This one's from 2007.
            I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

            Comment


            • #7
              & your post was unnecessary & uncalled for. DAW is one of our best regular
              responders & excellent in "payroll" type questions.

              I will close this thread - I don't think the OP will be looking for any more answers at
              this time.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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