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| *Ostroff, Fair and Company>>>Law & Legal |
Question about pay when working on commission? |
my fiance is a massage therapist and he goes in on his day off for training every other week but doesnt get paid for this. he is paid on commission only when he does work, but is this legal? If his training consist of training on costumers, then I believe that is illegal. Legal? The employment contract you sign and the discussion you have at the interview determine what's legal. I spent a year as a financial advisor with commission only. My choice...then. Oh...and then, it was recommended that we show up at our offices for additional training two days per week...unpaid, of course. I don't do commission work anymore. Not that it's a bad thing. It can work for some, but not for me. Depends. Is the training part of a school? If so, then no he doesn't get paid. If he is required to come in for specific training per an employer, then they must pay him. Key question: does he receive a set salary? Is he paid hourly? If he receives a salary, then he may be classified as exempt. You may want to clarify your question. Ok Part II- is he REQUIRED to show up for training. If so, YES. He must be paid. If they consider it optional, and he is doing this to "make him better", i.e. he volunteers then NO, he does not get pay. Here's an anology. A car sales employee. The dealership demands that the employee work on a weekend day to improve his sales ability. This is paid. MN law is pretty clear. If they say, "this training will HELP you sell more cars and the training is optional", then NO. He wouldn't be paid. He is esentially volunteering his time. Hope this helps. Take care. |
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