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Wage Question - Please Help

Lori1Lori1 29 Posts
in Compensation Vote Up0Vote Down
If you are a comissioned outside sales rep and your position was eliminated but your boss offered you a two week position at an hourly rate in the office,
can they legally only pay you for 6 days instead of 10 stating that the comission was still in effect until the end of the month even though you are no longer doing sales calls???


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  • 4 Comments sorted by Votes Date Added
  • bsabsa 359 Posts
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    If I understand your facts correctly, I would say you should be paid for 10 days as a non-exempt (hourly) employee. The commissioned outside sales rep is an entirely different position. FLSA is very clear that non-exempts must be paid for all hours worked, including overtime for hours worked over 40 hours in one week.
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  • Don DDon D 9,834 Posts
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    I don't know how the figure '6' enters the equation, but, let's ignore it. Your job was eliminated, you came off the road (so to speak) and you were offered a job for a ten day period at an hourly rate of pay. If you worked those ten days at the office job you were offered, then you're due the hourly rate for ten days. There's either a failure to communicate or you're getting the shaft.
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  • Carol CACarol CA 173 Posts
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    Your outside sales commission ended and the new hourly position started. He should pay you for the whole time on the new job.

    Were you commission only, or did you receive some base pay also? Your base should end when the sales job ended. If you continued to receive some base pay until the end of the month, your boss might think he has already paid you through the end of the month and that is why he doesn't want to pay you "twice". What happened with other commissioned people who lost their jobs? Did they receive pay through the end of the month?

    If you are commission only and no longer doing sales, obviously you won't be getting any more commissions so he needs to pay you for your office work.
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  • PorkPork 1,271 Posts
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    It reads like you are going from an exempt position to a non-exempt position. Which means your pay is based on hours worked and not commission sales during a pay period. The non-exempt position has nothing to do with days, but it has everything to do with your pay week or pay-weeks and the hours worked within a standard 40 hour work week and/or 80 hour work period of two weeks, and the number of overtime hours worked during the work week or periods. Our company's work week is Sunday to Saturday 7days and we pay based on the number of hours worked in that week and o/t for all hours worked over 40 during that week. I was employed previously with a company that had a pay schedule every two weeks. Again that pay period was from Sunday to Saturday for both weeks. O/t hours worked in the 1st week were computed and paid against those hours of the 1st week. The same was applied for the 2nd week. Both were figured and the money added together to create a single paycheck covering two weeks, a pay period of 14 days. I hope this helped! Pork
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