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Can I get minimum wage while working on commision? Alabama

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  • Can I get minimum wage while working on commision? Alabama

    I worked for a car dealership selling cars and I was not paid anything if I didn't sell a car. Can I get minimum wage?

  • #2
    Yes. ..............
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks !

      I have been working with this car dealership for 2 1/2 years, how far can I go back to claim minimum wage?

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      • #4
        2-3 years federal. No idea on Alabama.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Alabama defers to Federal. If I'm not mistaken, Alabama does not have a minimum wage law.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Federal law is no worse then two years statute of limitations. The feds can choose to add a third year if they deem the violation "willful" but that is strictly their choice.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              You cannot file a wage/hour or labor standards claim in Alabama unless you have worked and not received your pay. Alabama does not enforce any wage and hour laws other than the state law pertaining to the payment of wages. The State of Alabama Department of Labor will investigate and attempt to collect on wage claims. Other claims must be filed through the federal DOL.

              Another option is to file a wage claim against employer in small claims court - max. amount is $3,000 your state. Over $3,000 would have to be a "general" court action.
              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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              • #8
                Das ist in der Doktor!

                Just a general observation, you didn't mention how many times you've not been paid but perhaps selling cars might not be your calling.
                You might want to think outside the box and consider a different line of work particularly if it doesn't sit to well with your employer when he learns of your filing a wage claim..

                .._________________
                ~ Anything not nailed down is mine,
                anything I can pry loose, is not nailed down.

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                • #9
                  drruthless, I did payroll for a car dealership for 7 years. Many weeks a salesperson wouldn't sell a car but have deals pending and then the next week have several sales. It wasn't a matter of being a poor salesperson but timing. Some salespeople would try to hold a sale until a specific date to have it count under a bonus plan also. My dealership did pay a draw on those weeks that no sales were recorded.

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                  • #10
                    Agreed. Car sales people working from a car lot are subject to something called the Auto Dealer exception. They must be paid (at least) minimum wage on a workweek basis but are Exempt from the normal overtime requirements. it is legal and very common to be paid exactly MW for all hours worked (including hours past 40 in the workweek) but for the paid MW to be treated as a non-recoverable draw against commissions. It is legal under FLSA to never pay such employees a penny more then MW, but it is not legal to pay less then MW. It is also common for employers to fire sales people who fail to sell enough to cover the draw. The employer cannot recover the draw, MW is non-recoverable, but they do not need to keep people on payroll who cannot sell cars.
                    Last edited by DAW; 09-07-2012, 08:06 AM.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Originally posted by HRinMA View Post
                      drruthless, I did payroll for a car dealership for 7 years. Many weeks a salesperson wouldn't sell a car but have deals pending and then the next week have several sales. It wasn't a matter of being a poor salesperson but timing. Some salespeople would try to hold a sale until a specific date to have it count under a bonus plan also. My dealership did pay a draw on those weeks that no sales were recorded.
                      Yes, I understand and being one who couldn't sell ice to an Eskimo I know it be a difficult undertaking to make a living selling cars, I admire those who can do it.
                      However my comment was based on this from the OP,
                      qnpa:
                      I worked for a car dealership selling cars and I was not paid anything if I didn't sell a car.
                      I can see now the reason for my confuseion....
                      and I apologize if I came to an inaccurate conclusion
                      ..__________________
                      ~ I shoot from the hip and rarely miss,
                      ..my foot.
                      Last edited by drruthless; 09-07-2012, 05:44 PM.

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