Legal Question in Employment Law in Illinois

Questionable treatment regarding commisioned employees

I am a salesperson working on a commission-only basis.

A. What are the restrictions regarding what my employer can require me to do outside of my sales duties? I am frequently forced to clean toilets, wash windows, repair furniture, unload trucks, etc. My manager has argued that as long as he is not taking me away from a customer he can have me do whatever he needs.

B. As other employees have left the workplace, my employers have paid them minimum wage for their worktime rather than pay them their owed commissions. Is this legal? We are paid the following month for each month's sales (my commission for my April sales will be paid to me in May, for example).

C. Can my manager deduct 'fines' from my paycheck for failing to perform specific duties (such as emptying the trash at night)?

D. When my commission for a given month will not equal minimum wage, I am paid minimum wage for the month. Shouldn't I receive overtime for working 45-50 hours a week? We have been paid a flat minimum wage in the past regardless of working more than 40 hours a week.


Asked on 4/10/08, 6:29 pm

1 Answer from Attorneys

Eugene Hollander The Law Offices of Eugene K. Hollander

Re: Questionable treatment regarding commisioned employees

You may very well have claims for unpaid wages and/or overtime under state and federal law. Please provide me with your contact information at [email protected] so that we can discuss.

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Answered on 4/10/08, 9:57 pm


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