Legal Question in Employment Law in Pennsylvania

Paid Commission Vs Hourly Wage

I do not get a per hour wage, I am paid per item finished. Since I am not getting paid for the time I am work, does my employer have the right to order me to be there 40 hours, since time is no factor in my pay check?


Asked on 2/14/07, 8:05 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Paid Commission Vs Hourly Wage

You asked about about wage laws.

The situation you describe just doesn't sound right. It is unlawful for any employer to pay for piecework without having a minimum wage. There are some minimal exceptions, such as where a person is employed in certain types of sales positions (e.g. real estate agent, car sales). But even then those persons must be supplied a "draw" against commission equal to at least the minimum wage.

Wage and hour laws are pretty complex but they guarantee that an employee must be paid at least the minimum wage for all hours worked. These laws also prescribe many other aspects of employment.

I would be happy to speak with you about this. This situation may have a great claim attached.

Regards,

Roger

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Answered on 2/14/07, 2:49 pm


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