pregnancy related discrimination? new york

[HairLoveStyle]

Long time, no action but.....

I was wondering if any of you could point me in the right direction to find out what the laws/regulations are for a commission hairdresser in NY state. I do NOT have a written contract with my boss yet, now that I am commission only he is still requiring me to work 10 hour days even though I only get paid for the clients I see. I saw some federal sites that were explaining that legally there can be commission OR minimum wage. I am trying to clarify the rules on this before I bring it up to my boss. Thank you so much for all of your help. I sincerely appreciate it.

 

[commentator]

And or your relation to pregnancy discrimination?

 

[HairLoveStyle]

And or your relation to pregnancy discrimination?

I'm the original poster of this thread.

Since I can't do anything about the discrimination I am trying to find out what my boundaries are now that I am commission only. I have read several things that say as long as commission is equal to minimum wage it can be strictly that or if it is not then the employer would have to pay the difference equal to minimum wage. I am searching online where I can find this in writing but I'm not having too much luck so I was hoping for help.

Again, I am an employee NOT a contractor.

 

[cbg]

http://www.dol.gov/whd/minwage/q-a.htm

 

[HairLoveStyle]

So it doesn't break down whether or not my employer has to pay me at least minimum wage for me. I am a commission hairdresser. I get paid 45% of any service that I complete. Sometimes my commission for the week is $337.50 so I know that is more and I'd just get paid commission. But, If my commission at the end of the week is only $190 but minimum wage for 40 hours at $7.25 is $290 would my employer be responsible for paying the $100 difference?

I am NOT a "tipped employee" nor am I paid like a waitress. The only other info I can find is how they break down overtime for a commission employee. I'm trying to figure out basic wages before I even start thinking about overtime.

 

[cbg]

There are NO circumstances under which a non-exempt employee can be paid less than minimum wage. None. Not under any circumstances whatsoever. Doesn't matter if the rest of your income comes from tips, commissions, or the printing press in the basement; you cannot be paid less than minimum wage no matter what.

 

[HairLoveStyle]

Thank you very, very much!

 

[cbg]

That is, in fact, why it is called "minimum".