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Can I get minimum wage while working on commision? Alabama

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  • drruthless
    replied
    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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  • DAW
    replied
    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.

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  • HRinMA
    replied
    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.

    Leave a comment:


  • drruthless
    replied
    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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  • Betty3
    replied
    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.

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  • DAW
    replied
    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.

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  • cbg
    replied
    Alabama defers to Federal. If I'm not mistaken, Alabama does not have a minimum wage law.

    Leave a comment:


  • DAW
    replied
    2-3 years federal. No idea on Alabama.

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  • qnpa
    replied
    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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  • DAW
    replied
    Yes. ..............

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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?
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