Minimum wage legal advice/question

[big_bad_buff]

I’ am a plumber, I get paid buy commission, (bye the job) I had no work for two weeks; my pay check was $415. (I’m used to $1000 to $1800 pay checks every two weeks) minimum wage in Washington state is $8.67. Which equals out to $693.60 for two weeks. My paycheck is $278.60 under min wage for a 80 hour two week period. Is this illegal for my employers to pay me under minimum wage? Or does it matter since I don’t work by hours, I work by commission?

 

[EarthRider]

Well, I know of a lot of jobs that are comish only. So I would say your shit out of luck

 

[PICK3]

Are you in a union?

 

[miplank]

Well, I know of a lot of jobs that are comish only. So I would say your shit out of luck

You're

 

[EarthRider]

great question

 

[jester72]

I don't know the laws in your state, however I'd say you have no legal recourse. Since you are paid commission and it's basically per-diem, my guess is that your position is technically considered something along the lines of an independent contractor.

If that is the case, you would not fall under federal minimum wage laws, and would be exempt from most state minimum wage laws as well. I'm guessing you just have to take the good with the bad.

 

[EarthRider]

yup

 

[miplank]

When you were hired was there a set guarantee in the event of no work?

 

[PICK3]

Do the job faster next time.

If he's paid by the hour shouldn't he do the job slower

 

[miplank]

If he's paid by the hour shouldn't he do the job slower

He is paid "bye the job"

 

[axismundi]

You are probably SOL. I know waitresses around here get paid anywhere from 0$ an hour to $2.15 and hour and minimum wage is 7 something, if they don't get decent money in tips, they just get screwed. Minimum wage laws don't apply in several situations... waitresses, salesmen, etc. If you are a contractor for a company, they can pay you per job not per hour... so better work faster!

 

[misguided03]

You are most definatly shit out of luck.

Definition: There some other employees who can be paid at hourly rates below the minimum wage according to the Fair Labor Standards Act (FLSA). Young workers under 20, workers who earn tips, and some other categories of employees can be legally paid at rates below the hourly minimum wage according to the Fair Labor Standards Act (FLSA).

These subminimum wage employees include student-learners (vocational education students), and full-time students working in retail, service, agriculture, or higher education. Other employees who fall under this category include those whose mental or physical disability (due to age, injury, etc.) impairs their earning or productive ability.
Employment at less than the minimum wage helps to prevent loss of employment for these workers.Subminimum wage employment necessitates a certificate issued by the Department ofLabor's Wage and Hour Division.


Subinimum Wage - Pay Below Minimum Wage

 

[ceo]

Not sure about WA, but in CA, if you are a W2 employee, there is a minimum wage guarantee.

Did they send you home? Or did you sit around an office for 80 hours over two weeks?

If they sent you home, they are not required to pay you.

 

[ceo]

Commissions, Piece Rate & Bonuses

Workers may be paid on a commission basis only, or an hourly/salary plus commission. If paid on a commission basis only, it must equal the current minimum wage for all hours worked in the pay period.

You really should be looking for these answers on your state's website (dept. of labor and industries in WA). If it's not clear enough, I Would give them a call during business hours.

 

[calveless wonder]

"you had no work". so you just sat around all day at home?

you can't base it off an 80 hour pay period when you didn't do any work at all

if you get paid by commission, i assume you get paid on a 1099.

an independent contractor has no recourse because they get paid by the job, and they're not required to "work" any specific hours. if you're told you have to be in an office or location from x to x hours,then you're no longer an independent contractor, you're an employee.

 

[Smurfy]

no work = no pay

 

[axismundi]

no work = no pay

Unless you are union, then you get paid twice what everyone else does to do something while you do nothing. *grumble*

 

[mrplunkey]

Unless you are union, then you get paid twice what everyone else does to do something while you do nothing. *grumble*

Until the company goes under, then you gotta visit Barry for a bailout.

 

[ortiz34]

I Don't think you can do much about it. Sounds set up so when things are busy times are pretty good, and when it's slow it's painful.
Hang in there man, it'll pick up. Plumbers are always in demand, especially good ones. Apply yourself, get on a professional plumbers forum and learn from some of the best and knowledgable about how to better yourself in your work field. These people are passionate and eager to help.

I found a pro forum for my industry, and it has totally changed things for me over the past year and a half business wise, on top of insane marketing and advertising via Adwords, SEO, FB, Angies List, etc, etc.

good luck

 

[PICK3]

In for the SOL bandwagon

 

[big_bad_buff]

Are you in a union?

nope

 

[PICK3]

nope

What are your plans?

You considering relocation?

 

[CoBra666]

when i heard minimum wage i figured glad would be in here.

 

[redshirt27se]

Pretty sure minimum wage doesn't apply to commission employees in just about every state. Might be an exception here or there, but you can research your own state's laws to find if that applies to you.

 

[musclemom]

What do you get at the end of the year, a 1099 or W2?

 

[ceo]

*OP ignores all relevant questions to his original topic ITT*

 

[ceo]