Legal Question in Employment Law in California

Federal Minimum Wage Requirements

I was hired by a company to do outside sales and was lead to believe there would be active accounts. Based on good faith, I signed an employee agreement which stated that any draws against commissions not met by sales were to be paid back. I would not have signed this agreement had I known the position was based on cold calling.

I started work and found there were no active accounts. 2 weeks later I received an email asking me to sign a new contract that would have made me a 1099'ed employee. I refused to sign it. After 5.5 weeks of employment and no active accounts assigned to me, I resigned. 2 days later I received a bill for the draw that I received that was not met by sales.

I contacted the Federal Division of Wages & Hours and filed a complaint with them against the company and was crystal clear in describing the situation. They researched my issue and stated that I am entitled to the Federal minimum wage of 5.15 an hour for the time I worked even though I was an outside commissioned sales person. I checked the Dept of Labor's website where it clearly states that outside sales people are exempt from this law. I am confused now.

Do I have any other recourse in this matter?

Thank you.

2 Answers from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?