Legal Question in Employment Law in Pennsylvania
Commissioned Employee Wage Laws
Are there any wage laws for commissioned paid employees? Inside sales,hours worked are over 40 per week,only paid straight commission...no hourly wage or benifits, but must perform other office duties that DO NOT pertain to my sales that I get paid commission for.
Your response will be greatly appreciated, because I have been getting conflicting information.
Thank You
1 Answer from Attorneys
Re: Commissioned Employee Wage Laws
It appears that your employer is in violation of the federal wage and hour laws if your are not paid minimum wage and overtime for hours in excess of 40 per week. There are exemptions from the minimum wage and overtime requirements for outside salespersons but inside sales are not included in that exemption. Some employers treat inside salesperson as being exempt as 'administrative employees' but in order to meet that exemption the employee must be salaried. Since you are paid on a commission basis that would not apply. I would suggest you contact the Department of Labor or an attorney familiar with these laws.
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