quick legal question

[Carty]

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

a friend of mine is salaried plus commission working 5 days a week. There is talk that his pay is going to be dropped 200.00 per week and he will have to start working 6 days a week. Is this legal?

 

[pattytx]

Inside sales or outside sales?

 

[Carty]

He is inside sales and works 45 hours a week now (9 hours a day)

 

[Carty]

He is also the only one in his store. He is a one man show

 

[pattytx]

Yes, he can be required to work 6 days per week. However, it's likely he is nonexempt and, as such, the employer must make up the difference between his commissions and minimum wage on a workweek basis.

How much "management" of the store does he actually do?

 

[Carty]

He sales, loads out, takes inventory, cleans the store, tells the ware house what to order, unloads trucks when they show up. Everything except pay the bills.

 

[pattytx]

Sounds nonexempt to me. So, my prior answer stands.

 

[Carty]

So his boss can decrease pay and increase hours? That sounds pretty crappy to me. The only reason I asked is because my boss said he didn't think that was legal to do both. Either one or the other would be fine but he said he didn't think he could do both. Thanks for the feedback so quickly.

 

[pattytx]

That's a big decrease. It's slightly POSSIBLE that he might qualify for UI benefits if he refused, but commentator will know more about that than I do.

Minimum wage still applies, of course.