Legal Question in Employment Law in Pennsylvania

Time in Attendance Policy

I work on straight commission. The store that I work at opens at 10:00 a.m. every morning. We are instructed that it is mandatory for all of us to be at work promptly at 9:30 a.m. without exception. This 1/2 hour counts against our weekly draw. Inqurring with our Human Resource Department as to whether or not this is legal, we asked why we were not paid non-productive time each week for the 1/2 early start when we cannot possibly sell anything until the store opens. We were told that the 1/2 hour was to be used for straightening up and preparing for the business day. That is all well and good, but isn't it illegal for our employer to legislate that we must be on premises 1/2 hour early without being compensated with non productive time? Under this present scenario we are furnishing them with anywhere from 1 to 3 1/2 hours of work per week that is not only not compensated by them, but goes against our draw earnings. Their position is that they are within the boundaries of the law and that ''this is the way it is''. This has been going on now for over a decade. I write you today in hopes of gaining greater clarification on this topic.


Asked on 4/28/05, 9:39 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Time in Attendance Policy

The general rule is that commission sales are exempt from federal regulation of wage payment. To qualify as an exempt employee the employer must pay $455.00 per week and establish several other factors. In Pa employment is at will and while you cannot directly earn commission the work you describe in the half hour pre-opening period seems resonably related towards the performance of your commission sales activity. Obviously, if they are not paying $455.00 per week or other factors are not present Federal Wage law may come into play in your situation.

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Answered on 4/28/05, 10:03 am


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