California Employment Law
California Employment Law Questions Answered by Legal Experts
But under federal laws they were allowing you to average out your commissioned pay weekly. CA new litigations is making that seem like that is not okay. No spa pays for waiting or on call time. Only if your commissioned pay did not equal minimum wage at the end of the week. If I have one client, one hour massage and get $18 for it, that is all I get for that day even if I am there 6 hours and I am doing additional work. As long as by the end of the week, I made at least minimum wage for all hours clocked, it has been allowed. We are never paid separate waiting/on-call time. Just commission. Given new litigations in CA, what can they make us do during non-commissioned hours?
And how do we enforce this? If they are insisting that they can make us do additional work without separate pay, what are our rights in refusal? Most of us would not even expect "waiting time" pay if we are just waiting for the next appointment, as no spas pay that. Apparently, the industry would need to catch up as they just make sure your weekly pay averages to minimum wage. BUT the fact that they DO require work during those hours is the point of contention. I'm not sure what will need to happen for spas to know that they have to pay for the time in between
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