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Waged Changed without notification South Carolina

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  • Waged Changed without notification South Carolina

    I am/was a salaried employee with my checks being automatically deposited to our bank. I am normally paid bi-monthly and receive information about my checks via an email message with a statement attached. I did not receive my check information for the month of November, so I sent a message asking about my wage statements.

    I was told that we had discussed my compensation options and agreed I would be put on strait commission starting November 1st. and since there weren't any sales in November I would not be receiving any compensation.

    I never received notification nor did I agree to this compensation change. Do I have any rights concerning this change?

  • #2
    I know zip about SC specific rules so this will be a soft answer.
    - Do you work inside sales or outside sales? It is not legally possible to place inside sales people on 100% straight commission. What are your job duties? What is the nature of your employer's business?
    http://www.dol.gov/esa/regs/complian...tsidesales.pdf
    http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm
    - The rest of the answer is specific to SC law, which I do not know. Most states require prior notice of changes in compensation structure and changes can only be made on go forward basis. I cannot tell you if this is true or not for SC. You would normally file a wage claim with SC-DOL (assuming SC has a DOL) for the lack of notification. The claim will either work or not, depending on SC law. HOWEVER, if the new payment method choosen by your employer is legal (see first response), then from this point on, notification has occured.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I work for a company that sells a single brand of software. They are a Canadian company with headquarters in NJ, this office is just a front so they have a US address.

      My responsibilities are to seek new Independent Software Vendors as partners and sell them our software. Some of the duties required travel to visit with these partners and wine and dine them.

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      • #4
        You need to take a hard look at the first of the two webpages I cited (Outside Sales). Based on what you have said, that might apply to you, and paying on a commission only basis would if so be legal.

        Past that, I still know nothing about SC law. Unless someone else responds, you will need to talk to SC DOL to see if the notification rules were violated.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          DAW, thanks for the replies. I am in the office more than I am out of the office so that would qualify me as an inside sales rep.

          Appreciate the help you've provided..

          Comment


          • #6
            Originally posted by Cold Hands View Post
            DAW, thanks for the replies. I am in the office more than I am out of the office so that would qualify me as an inside sales rep.

            Appreciate the help you've provided..
            That doesn't necessarily mean you wouldn't qualify for the Outside Sales exemption, if the work you do IN the office is support for your sales work, if the majority of your sales work is at potential customer sites. Not saying one way or the other, but it's not a foregone conclusion.
            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
              Thanks Pattymd.

              In the matter of being notified before any wage changes, which is what I was more concerned with (See second to last sentence below).

              SECTION 41-10-30. Notification to employees of wages and hours agreed upon; recordkeeping requirements; requirement of itemized statement of gross pay and deductions for each pay period. [SC ST SEC 41-10-30]

              (A) Every employer shall notify each employee in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions which will be made from the wages, including payments to insurance programs. The employer has the option of giving written notification by posting the terms conspicuously at or near the place of work. Any changes in these terms must be made in writing at least seven calendar days before they become effective. This section does not apply to wage increases.[/COLOR]

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              • #8
                Wages Changed

                Another question related to my original question about notification of wage changes.

                In regards to South Carolina law, the laws say that any employer in the State must follow these laws. Do the South Carolina laws apply when the company is out of the state?

                Thanks for your advice.

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                • #9
                  There is a legal term called "nexus", or "business presence". If an employer has employees in a state, then the employer has "business presence" in that state and is subject to that state's laws, at least for the purposes of those employee's who work (and sometimes live) in the state. The fact that the employer is headquartered out of state (or country) is legally meaningless.

                  For example, my previous employer had employees in 25 states and a dozen countries. We had exactly one employee in AZ. For purposes of that one employee only, we were an AZ employer. The fact that we were a mostly CA employer did not make that AZ employee subject to CA law and did not make our other employees subject to AZ law.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    Thanks DAW appreciate your response .

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