Legal Question in Employment Law in Missouri

Commissioned work

an employer changes commission of 50/50 to 60/40 to their advantage, is this legal?

and then expect commissioned workers to clock in and out and not compensate them for hours required on the clock, expecting them to clean if they do not have clients. Also expecting commissioned workers to be on call. What rights do commissioned workers have?


Asked on 12/15/06, 10:19 am

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Commissioned work

If an employer requires that employees clock in and out and perform duites for them at their place of business, they must pay at least the minimum wage for those "on the clock" periods.

This is not in addition to commisions.

Missouri is a right to work state, you can quit if you do not like the commission arrangement for the future. They can terminate your relationship with them if you do not agree to the new terms.

However, the terms stay the same until there is notice to each side. If the arragemetn is 50/50 then sales must be paid accordingly until the there is a communication of new terms. That means they cannot chenge the arrangment after you've made the sale, but can as to any future sales.

If you "work" x number of hours, and your commissions for that pay period (1 or two weeks) does not cover what minimum wage would pay, they must pay you that amount anyway if they required you to "work" those hours.

Under the limited facts you were able to provide, it is dificult to answer your question regarding "on call" time.

Good Luck

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Answered on 12/15/06, 5:04 pm


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