Can an employer require you to work with out pay?

I am a hairstylist and I work off a commission... but, i am having a problem with my employer, whom is requiring me to work all day even if I do not have clients (no client=no $) and not only that but every other week I am required to work 6 days! Can my employer make me stay at work with out paying me or should I be compensated if they a make my attendance mandatory? Also, can they require me to work 6 days? If you have any legal documentaion about this that I can access online please let me know.

Gump023

I'm pretty sure that no matter where you work in the United States, a steady salary, or hourly pay is mandatory.

Waiters and waitresses are paid less than minimum wage due to the fact that the government factors in tips as part of their earnings. I'm sure your job should mandate some sort of steady pay. I think you are getting screwed.

phxmilitarymom

You need to check your state laws as they vary. You also need to check your contract with this owner as to what your days and hours requirements are from him. Do you rent your station from this shop or do you work in his shop on strictly commission with your own clients? Does he want you in the shop to cover busy times or is this all by appointment only?
If you rent your station he can cram his request unless your contract says otherwise. If you strictly work for him then he is allowed to set your hours. I would find another salon to work in and take my customers with me!

g-man

Since you call them your employer, I will assume that a employer/employee relationship exists. This is opposed to you being self-employed and just renting the chair space at the salon.

In general, an employee who is paid by commission must still at least earn minimum wage. This requires the employer to keep track of all hours worked and compute what the employee would be owed at minimum wage. This result is computed and then compared to what the employee actually earned under the commission structure. If the amount earned under the commission structure is less than that computed at minimum wage, then the employer must augment the employees wages to be at least equal to the minimum.

Yes, an employer can require you to work six days. However, there are also overtime regulations. In general, you have to be paid time and a half for your overtime hours. So, as in the previous case, you would compute your wage under the minimum wage, but you would also take into account any overtime hours multiplied by 1.5 times the minimum wage. Then compare that result to the actual commission earned over the same time period.

If you are slow and not getting many clients, then it would be even more likely that your employer would have to augment your wages on those weeks when you are also working overtime!

matt d

Hell no, first off no employer can make you do anything. there are minume wage laws, but those proubly dont effect you. I would make them pay me something if I had to be there and I had no clients and no walk-ins. I sure as hell wouldnt be cleaning or anything like that.
im not sure where you live but Im in Columbus and I could use a hair cut so let me know.......

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