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North Carolina /comission/minimum wage/automatic lunch deduction?

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  • North Carolina /comission/minimum wage/automatic lunch deduction?

    Hi, I am a route salesman for a Linen company. Basically I deliver linen to various places, hospitals...restaurants, etc. The problem that I have is that, My pay check stub was reflecting a different amount of hours, than the amount that I was actually working.
    When I asked management, they said they take out 5 hours for lunch, and that it didnt really matter since I was paid on comission. The problem is that I rarely get to take a lunch, and if I do it is 15 mins max.
    I think they are doing this to keep from having to pay me premium pay. They say they have no way of knowing if I am taking a lunch or not since I am out on the road delivering... what should I do?
    Last edited by maynor007; 12-21-2008, 11:40 AM.
    "If you want truly to understand something, try to change it."

  • #2
    There is a federal law called FLSA. This is the law that among other things has rules for minimum wage and overtime. A general rule of thumb is that all employees are considered Non-Exempt unless the employer can support an exception that says otherwise. Non-Exempt employees must have their actual hours worked recorded by the employer, and must be paid overtime and at least minimum wage based on actual hours worked in the workweek.

    You mentioned commissions and this can be complicated. Commissions is just a payment method. The starting point is actually to figure out what the exempt status is, and then figure out what rules must be complied with. Paying someone by commission does not by itself cause the other rules to go away.

    The obvious starting point is to see if you qualify for the Outside Sales exception. If so, the minimum wage and overtime requirements just went away, and lunch issues regarding hours worked also just went away. Please read through the rules and see if you qualify. There are other possibilities but this exception needs to reviewed first.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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