Legal Question in Employment Law in New York

I work in a draw vs commission environment in nyc. As a full timer, I am required to work one hour off the sales floor to do non sales related tasks. Then 15 minutes before the end of the shift we are required to do some more non sales related tasks. Is there any part of the nyc labor law that protects us from doing these tasks without proper pay? If so, can a class action be filed against the company to recoup lost wages?


Asked on 12/19/14, 9:40 am

1 Answer from Attorneys
Leon Greenberg Leon Greenberg Professional Corporation

Well, the answer to your question is not completely clear based upon the information you provided. If you have a pretty good paying commission job in a retail store (say you are making 800-1000 a week or more and are not working more than 45 to 50 hours) if part of the requirement of the job is you spend time off the floor (where you earn no commission) it is likely OK because your overall pay is far higher than the minimum wage. Of course if you had a union contract (like some of the bigger NYC older stores do) you could have some additional protections. Feel free ot check out my website, overtimelaw.com or drop me an email with further details on your hours and pay.

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Answered on 12/19/14, 9:55 am


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