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Salary or draw

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salaryvsdraw

Junior Member
What is the name of your state? OH

I am in sales, I am required to be at the sales location, 6 days a week, open to close, responsible to open and close. 45 - 50 hrs. per week. The nature of the sales is such that if you sold the very first day of employment the soonest you could possibly get your commissioned earned is 3-4 months later.
They pay a "draw", so bottom line is you will always be in draw. At what point should an employer be required to pay a salary for the employee to man the store, answer the phones, shovel the snow, sweep the floors, clean the office, etc... this is their way of getting very cheap labor without paying overtime and commission- The OT is another issue that I did bring up and they are currently in denial on that one. If they call it draw then anything goes. Yes, I do get taxed, and yes I am told the hours I will work and no I cannot come or go at will, I get one week pd. vacation.
 


cbg

I'm a Northern Girl
Thank you for sharing your story with us. When you have a legal question, be sure to let us know.
 

salaryvsdraw

Junior Member
I thought I was asking a question. I am asking**************Is an employer legally allowed to pay a "draw" which they think, and maybe their right, excludes them from ALL LAW requirements of the DOL, even though the staff is not exclusive sales and not independant on work hours. I AM PRETTY SURE THIS IS A LEGAL QUESTION.
 

cbg

I'm a Northern Girl
You didn't ask any questions. You made a series of declarative statements and assumed we would understand what you wanted to know. I can think of several possible questions you might have been asking; how was I to know which one you were looking for?

I'll let someone more skilled than I in compensation issues carry this further.
 

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