Home     Law Advice     Insurance Advice     Community    
Wage & Salary Issues : Minimum wage laws, vacation pay, overtime, etc.
Go Back   FreeAdvice Legal Forum > EMPLOYMENT AND LABOR LAW > Wage & Salary Issues

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-03-2009, 10:55 AM
Junior Member
 
Join Date: Nov 2009
Posts: 2

change of pay, salary & accrued vacation


What is the name of your state (only U.S. law)? Michigan

I was recently told on Friday my salary is changing to a 100% comission structure. I am curious about a few points. 1. My employer is based in Ohio and I am a remote worker living in MI. Which state law should I become familiar with? 2. Was told that I can either take the 100% commission rate or my last pay. Considering this notice was at the end of a pay week, shouldn't I get paid my salary rate and then be able to switch over to that 100% rate? 3. Considering I am now a 100% commission employee, should I receive my accrued vacation time while being a salary employee?What is the name of your state (only U.S. law)?
  #2  
Old 11-03-2009, 11:36 AM
Senior Member
 
Join Date: Oct 2004
Location: small town, PA
Posts: 5,835
1. Where your base of operations is-Michigan.

2. Are you an outside salesperson?
[url]http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.pdf[/url]

You must receive prior notification of a decrease in compensation before the hours are worked at the decreased rate. But since you were given the choice, just choose "current salary". Simple.

3. Accrued vacation is not dependent on your pay method. Are you asking how your pay will be calculated when you take vacation under the "commission only" calculations?
__________________
---------------------------------------------------------------------------------------------------------------------------------------------------------
Nobody understands good sarcasm any more.
  #3  
Old 11-03-2009, 11:57 AM
Junior Member
 
Join Date: Nov 2009
Posts: 2
1. Thank you for the state clarification.
2. I am considered an outside employee.
3. My question actually refers to the fact that since I accrued vacation under the salary position and now will not under the comission position, shouldn't I receive that accrued vacation pay now or would that take affect if I am terminated/resign?
  #4  
Old 11-03-2009, 12:45 PM
Senior Member
 
Join Date: Oct 2004
Location: small town, PA
Posts: 5,835
No, they do not have to cash out your accrued vacation just because the compensation plan has changed.

However, I would ask how your pay will be calculated going forward when you take vacation. If the answer is "it will be unpaid", then you can certainly ask for a cash-out now and see what they say.
__________________
---------------------------------------------------------------------------------------------------------------------------------------------------------
Nobody understands good sarcasm any more.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:37 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.