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No Min. Wage for Inside Sales? North Carolina

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  • No Min. Wage for Inside Sales? North Carolina

    Hi, I have a question regarding wage/compensation laws in NC. I worked as an inside sales rep for a mortgage company in NC, I was paid commission only for all work/sales....no draws were given nor minimum wage was paid for months were no sales were achieved (2).

    If I understand correctly because I was required to be in the company office every day (I worked in excess of 32 hours every week) to answer incoming calls, faxes, emails, etc and I had a monthly quota I was required to meet from these in office leads in order to not lose $$$ on personal leads then I was suppose to be paid at least minimum wage for the months where I wasn't able to close anything. I had at least two months where I was not paid anything at all and one were my commission didn't even cover what minimum wage would have been for a full time employee. I am looking at my last paystub and all it says is commission. Did the company have to pay me minimum wage on top of my commission or would they in any way be exempt of the minimum wage law requirements?

    I know I have to contact the DOL of NC in order to file a dispute but I was hoping someone could confirm that I am correct and if so will the DOL of NC take care of my complaint or should I also contact an attorney?

  • #2
    You do not qualify for the Outside Sales exemption based on what you said. That means they must pay you at least minimum wage (MW) and overtime (OT) based on actual hours worked. They do not have to pay MW and OT in addition to commissions. And legally each work week stands alone. This is all federal rules. NC is not my state and I have no idea what additional rules (if any) NC has.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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