Legal Question in Employment Law in Virginia

I work in sales for an appliance retailer. I get paid comission, however if I have a pay perios where I did not make enough comission they are required by Virginia law to pay me at least minimum wage. Here's the problem, the next paycheck I get where I have made enough comission to avoid the minimum wage bracket, the charge me the difference for the week I made minimum wage.

For example, if in "Week A" I worked 40 hours and made $150 in comission, then they would be required to pay me at least minimum wage, @ $7.25/hr it would equal out to $290. Then in "Week B" I also worked 40 hours but made $350 in comission (well above the minimum wage). Following their "payback" rule, I will have $140 deducted out of Week B's paycheck bringing that one to a total of $210. They will make this deduction with no prior warning and no documentation. Something does not seem legal about this. Please help me someone!


Asked on 6/11/10, 10:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You may wish to file a complaint against this employer with the wage and hour

section of the Labor and Employment Division of the Virginia Department of Labor & Industry (VDLI) and request an investigation of the practice described.

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Answered on 6/17/10, 5:07 pm


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