When you get paid commission only are you supposed to be getting paid hourly by law as well?

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When you get paid commission only are you supposed to be getting paid hourly by law as well?
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When you get paid commission only are you supposed to be getting paid hourly by law as well?

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Marlon P

only if your commission doesn't equal the amount you would make if you were hourly'
If at the end of the day your commission isn't adding up to minimum wage. then by law your employer is supposed to make a up the difference

michr

Marlon P is correct being paid commission does not circumvent minimum wage and overtime laws.
in most positions (there are some exemptions) you must make at least minimum wage and applicable overtime so if the commissions do not add up to that amount (or more) then the employer must pay you the difference (make up the difference).

so to answer your question...........
NO you do not have to be paid hourly as well but your gross wages must equal at least minimum wage for every hour you worked. the employer is to keep track of the number of hours you work if the position is not exempt.

for information concerning being paid commission:
http://www.dol.gov/compliance/topics/wages-commissions.htm
http://www.dol.gov/esa/whd/regs/compliance/whdfs20.pdf

for information concerning exempt commission positions:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.pdf
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

Judy

If you are classified as an employee, you must make at least minimum wage, although any commissions can be counted toward that.

If you are an independent contractor, then there is no requirement to pay you an hourly wage.

Jess

no look at real estate agents, they get paid commission and they do not get paid hourly

Jeanbug

Not at all.
If you agree to work for a company "on commission" you basically agree to work for a percentage of what you've sold. Many of the commission sales companies I used to work for never paid an hourly wage.

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