Unpaid Mandatory work meeting without pay?
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Unpaid Mandatory work meeting without pay?
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I’m trying to prove to someone that it is illegal for an employer to have a unpaid mandatory meeting. I can’t find a legal source. Her boss made her go to a meeting at her house on a Sunday. She works on commission. Additional Details She cuts hair. She get 50% of the price of the hair cut plus tips
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michr
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http://www.dol.gov/dol/topic/wages/index.htm
being on commission does not in itself exempt an employee from overtime or from being paid for hours worked.
meetings, if mandatory are work hours and must be paid.
if the position happens to fall in an exempt category then the meeting would be part of the job and additional pay probably would not be required.
if the only income is from commission and the position is not exempt then any work performed where no sales are available would have to be paid at least the minimum wage for the hours involved. contact the state's department of labor wage and hour division for more assistance.
EDIT:
being paid commission has nothing to do with being an independent contractor, it is only a means of payment for work performed.
that does not mean that this person is not an independent contractor but since you did not stipulate the assumption is they are an employee paid on commission.
EDIT2:
without knowing if she works for the salon and recieves a W-2,
or is a contractor and recieves a 1099,
it is hard to say if she must be paid for the time.
IF she recieves a 1099 and is considered a contractor the meeting can NOT be mandatory as there is NO employer-employee relationship.(as stated by oahurealestate)
of course if there is a contract it could mandate scheduled or unscheduled meetings and failure to attend could result in the loss of the contract.
your friend should know if she is an employee or contractor and with that knowledge the correct answer about the meeting will become obvious. |
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Judy
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It sounds like she is an independent contractor, not an employee, so no she doesn't have to be paid. |
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hr4me
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If the employee is exempt from overtime (does not get paid by the hours she works but gets a standard amount of pay per week/month plus the commission) then they are not required to pay her for the hours spent at this meeting.
If she is an hourly employee (which it does not sound like she is) and is only paid for hours she works, then they would have to pay her for the time spent at the meeting. |
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emland
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If she is a 1099 employee, I don't think the labor laws will apply. Here is the link to the Fair Labor Standards Act. I skimmed through it, but didn't see anything that applied.
http://www.dol.gov/esa/whd/flsa/ |
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danny14551
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Not illegal |
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Hawaii Home
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If she is on commission, the meeting does not have to be paid.
It can't be mandatory because if it is, it sets up an employee relationship, not a contractor relationship.
http://www.synergistech.com/50factors.shtml
http://www.irs.gov/pub/irs-utl/emporind.pdf
(See page 156. An old reference but I don't think it has changed) |
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Tee
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Does she receive a minimum hourly wage? Check with your local labor board. If she receives an hourly wage, then yes she should have been paid. |
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