Sales Persons Pay Types

HENRY

Hello, I would like some information on this topic, especially someone from the state of Texas if possible.
If a person is hired at a furniture store to work as a salesperson, and is paid strictly on commission based on what he/she sells, does not have any deductions from his/her pay check, because he/she was asked to provide a W-9 form.
Is this legal, or do we have to pay him/her at least minimum wage for the hours they are at the
store everyday, weather they sell or not?
At this furniture store, there're are only 3 emps. And 2 are salespersons, but they also have to sweep and mop the store every other day when there are no customers, assemble furniture as needed to display in the showroom. My question is should they get paid for doing this? or is paying them just commission on whatever they sell only legal? Their titles are salespersons, and they signed an agreement that their pay would be based on commission only.
Yet one of them is stating that mopping the floors, assembling furniture is labor not related to being a salesperson job.
Thanks for your replies.

Shadowfax

I'll wade in here although I confess no real experience withthe issue. But, I think the retail commission exemption for o/t requires the ee becompensated primarily by commission AND the regular rate of pay be at least one and a half the minimum, based on the minimum payroll period. So, it looks to me as if you would have to gurantee the salesperson the minimum, but you could deduct the min from the commission earned and still be legal. Fall below the minimum for any payperiod, and you will destroy the exemption and be liable for o/t for that period.