Legal Question in Landlord & Tenant Law in California
Commision employee
I have a friend who is the plumbing industry and is commisioned. When it is slow and there are no calls to run this employee is required to stand by in uniform and with company truck ready to run a call whenever they may have ne come up but does not get paid for that time. Is this legal or should my friend be getting paid at least minimum wage for the ''stand down'' times?
2 Answers from Attorneys
Re: Commision employee
If he is a W2 employee, he should be getting paid, regardless of what he is doing.
If he is not, then it will depend upon a variety of factors. There is not enough information in your posting to determine a more definite answer.
Re: Commision employee
I have read Mr. Guerrini's answer. and concur 100% with his answer. There is not enough information to give you a definitive answer. However, to compare this with other industries, insurance sales people, who work on commission, stand by in uniform (i.e. neckties and dress suits for men), and are considered as independent contractors.
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