commission/draw/training questions

[newguy03]

What is the name of your state (only U.S. law)? wyoming.
i recently moved to wyoming & got a job selling at a national department store chain. it's 100 % commission with a draw if you aren't averaging minimum wage. recently the employer has scheduled about 8 hrs of training per week & refuses to pay anything for it. some employees are into the draw because of these extra hours but luckily not me. it doesn't seem right. is it? also what about requiring us to stay after closing for 2 hours to ''prep'' the store for the following day?

thanks in advance.

[pattytx]

1. It had better not be a "draw", since a draw implies you have to pay it back. If the amount of the "draw" is to make up the difference between your commission for the week and minimum wage, you cannot be required to pay it back, ever.

2. As long as the minimum wage is paid for all hours worked in the workweek, doesn't matter (like the stocking and non-selling work). They do not have to pay you a fixed hourly rate for non-selling time.

3. Training is work hours; however, see #2.

4. Yes, you can be required to stay past closing time for "prep" work.

[newguy03]

Originally Posted by pattytx

1. It had better not be a "draw", since a draw implies you have to pay it back. If the amount of the "draw" is to make up the difference between your commission for the week and minimum wage, you cannot be required to pay it back, ever.

2. As long as the minimum wage is paid for all hours worked in the workweek, doesn't matter (like the stocking and non-selling work). They do not have to pay you a fixed hourly rate for non-selling time.

3. Training is work hours; however, see #2.

4. Yes, you can be required to stay past closing time for "prep" work.

Well, There was enough of a disruption they have agreed to pay an hourly wage for training, but not pre-opening or post-closing duties.

As far as the draw though, yes it is withheld from future wages. For example a coworker made the $231 last pay period but his hours warranted $240 in pay so they paid him $240 last period. This period his check was debited the $9 from last period. The terminology used by the employer is a "draw." When I asked about the legality of it, the managers said they were unaware of it being illegal and wouldn't take any action without corporate intervention/approval.

[pattytx]

Perhaps then you should contact corporate. Amounts "made up" by the employer so that minimum wage is met cannot then be deducted from future minimum wages, although they MAY be deducted from future commissions, as long as the deduction does not cut into minimum wage for the workweek.
[url]http://www.dol.gov/esa/whd/foh/FOH_Ch30.pdf[/url]