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Commission And Mandatory Meetings

Discuss Labor Laws

Commission And Mandatory Meetings

Postby Torry » Sat Dec 17, 2016 8:59 am

I work in a hair salon and get paid commission as do most of the other stylists except for those just out of school.  They get paid minimum wage until they get their speed up.   We are required to attend mandatory meetings, now twice a month, with 1 of them being on your day off. We are required to clock in and out for these meetings, but because I get commission it just disappears in my commission rate, so that I never actually get paid for them.  With the price of gas and the fact that I live 25 minutes away and the meetings are mandatory, I would think that they should have to pay you minimum wage at least for the time. I should also mention if we have a meeting at another salon, they pay for the mileage.  I have been researching this on the internet and have not come up with a concrete answer, Please Help!!   Thank you.

ANSWER: Jodi - The answer is a bit complicated, which is why you haven't found a straight answer.  

People who are paid commission-only have to be earning at least the minimum wage for the total numbers of hours they work.  If you put in five hours, you have to make at least $36.25 for that time.  If you work more than forty hours in a week on a regular basis, your total from commissions has to equal at least time and a half for the number of hours - $10.87 for each hour worked.

Your meetings must be added to the number of hours you have worked in the week for a proper calculation of your required earnings to be determined.  Mandatory meetings have to be treated as work time.  However, the only mandate from the law is that you be paid either minimum wage or, if you work more than forty hours on a regular basis, minimum wage times 1.5.  I suspect that you earn more than those amounts, based on what you say in your question.

Have you asked whether you could participate in the call by telephone?  Most of my meetings are through conference call, and that is how most national organizations conduct the bulk of their business meetings. I hope this helped.   

---------- FOLLOW-UP ----------

Thank you for your answer.  I understand what you said. I do make more than the minimum wage.  These meetings are educational, either we watch a video or we learn about something pertaining to the salon.  You said the only mandate from the law, is you be paid either minimum wage or, if you work more than 40 hours, then minimum times 1.5. What happens to workers who don't work more than the 40 hours.  The company will never allow anyone to get more than 40 hours.  They monitor, by way of the manager, who is getting close to 40 and then allow them to leave early, etc. so they don't get over 40 hours. I only work part time, so usually I get no more than 25 hours a week.  When figuring my check by the hours I work, I can get anywhere from $10-$18 an hour on my commission, so I do make much more than the minimum.  But, I think it is sneaky to have you have to go to mandatory meetings and because you get paid by commission, it disappears.  I think it takes advantage of the employees, especially those who are off, or those who have to make 2 trips, one for the meeting, and one for their work shift that starts hours later.    Thank you again for your time, I really appreciate it.
Torry
 
Posts: 45
Joined: Mon Jan 13, 2014 10:17 am

Commission And Mandatory Meetings

Postby Aliceson » Mon Dec 19, 2016 8:52 am

I work in a hair salon and get paid commission as do most of the other stylists except for those just out of school.  They get paid minimum wage until they get their speed up.   We are required to attend mandatory meetings, now twice a month, with 1 of them being on your day off. We are required to clock in and out for these meetings, but because I get commission it just disappears in my commission rate, so that I never actually get paid for them.  With the price of gas and the fact that I live 25 minutes away and the meetings are mandatory, I would think that they should have to pay you minimum wage at least for the time. I should also mention if we have a meeting at another salon, they pay for the mileage.  I have been researching this on the internet and have not come up with a concrete answer, Please Help!!   Thank you.

ANSWER: Jodi - The answer is a bit complicated, which is why you haven't found a straight answer.  

People who are paid commission-only have to be earning at least the minimum wage for the total numbers of hours they work.  If you put in five hours, you have to make at least $36.25 for that time.  If you work more than forty hours in a week on a regular basis, your total from commissions has to equal at least time and a half for the number of hours - $10.87 for each hour worked.

Your meetings must be added to the number of hours you have worked in the week for a proper calculation of your required earnings to be determined.  Mandatory meetings have to be treated as work time.  However, the only mandate from the law is that you be paid either minimum wage or, if you work more than forty hours on a regular basis, minimum wage times 1.5.  I suspect that you earn more than those amounts, based on what you say in your question.

Have you asked whether you could participate in the call by telephone?  Most of my meetings are through conference call, and that is how most national organizations conduct the bulk of their business meetings. I hope this helped.   

---------- FOLLOW-UP ----------

Thank you for your answer.  I understand what you said. I do make more than the minimum wage.  These meetings are educational, either we watch a video or we learn about something pertaining to the salon.  You said the only mandate from the law, is you be paid either minimum wage or, if you work more than 40 hours, then minimum times 1.5. What happens to workers who don't work more than the 40 hours.  The company will never allow anyone to get more than 40 hours.  They monitor, by way of the manager, who is getting close to 40 and then allow them to leave early, etc. so they don't get over 40 hours. I only work part time, so usually I get no more than 25 hours a week.  When figuring my check by the hours I work, I can get anywhere from $10-$18 an hour on my commission, so I do make much more than the minimum.  But, I think it is sneaky to have you have to go to mandatory meetings and because you get paid by commission, it disappears.  I think it takes advantage of the employees, especially those who are off, or those who have to make 2 trips, one for the meeting, and one for their work shift that starts hours later.    Thank you again for your time, I really appreciate it.
Aliceson
 
Posts: 32
Joined: Fri Feb 28, 2014 2:38 pm

Commission And Mandatory Meetings

Postby Weiford » Fri Dec 23, 2016 1:33 pm

Jodi - Your employer may be confused - allowing someone to work forty hours in a week requires nothing more from an employer than having that same employee work 30 hours in a week.  I suspect there is some fear about having to pay benefits or something similar, but benefits are not required for anyone.  I'm always amazed at the myths that surround employment laws.

You are correct, of course, it is not considerate to have mandatory meetings that do not coincide with employees' days of work.  Employers usually have the upper hand and can get away with such practices; it is especially true in this economic downturn.  Maybe it's time to switch to another salon.  I followed my stylist when she moved from one salon to another, even though it was farther away from my home.  Good hairstylists are hard to find!
Weiford
 
Posts: 50
Joined: Wed Jan 29, 2014 2:27 am


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