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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53817
Experience:  Licensed attorney helping employers and employees.
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Can my employer require me to attend a meeting and not pay

Resolved Question:

Can my employer require me to attend a meeting and not pay me for it? They hold meetings on Wednesdays, which are one of my days off and tell me I have to attend even though they do not pay me to be there. Now they are holding a mandatory phone meeting every Friday several hours after I am off of work and tell me I have to be on it, and again do not pay me.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Infolawyer replied 5 years ago.

INFOLAWYER :

Good morning

INFOLAWYER :

If the employer holds a meeting and it is work related, the employee must be paid for it

INFOLAWYER :

I assume of course that you are a non exempt employee

INFOLAWYER :

meaning that you are paid overtime for overtime hours

Customer:

They consider me a commision employee. I get paid for what I do while making deliveries, not for the hours it takes me.

INFOLAWYER :

I see

INFOLAWYER :

then being paid for a meeting is something you need to negotiate

INFOLAWYER :

they should be paying you for time in which you cannot earn money at all by commission

INFOLAWYER :

so there should be a commission component and an hourly component

INFOLAWYER :

but this needs to be negotiated

Customer:

ok

INFOLAWYER :

I wish you best of luck

INFOLAWYER :

and a nice sunday

Customer:

can they punish me if i do not attend

INFOLAWYER :

They can

INFOLAWYER :

they could even terminate

INFOLAWYER :

so I would not skip it

INFOLAWYER :

I would attend and negotiate compensation for such hours

Customer:

ok

Customer:

but they have to compensate?

INFOLAWYER :

Yes since those hours are not generating commission

INFOLAWYER :

You want to reach out and negotiate

INFOLAWYER :

if related to commission generation

INFOLAWYER :

such as training

INFOLAWYER :

then they do not

INFOLAWYER :

but can still ask for it

INFOLAWYER :

as a commission worker, there will be hours spent towards a commission

INFOLAWYER :

but if the time is unrelated, then you need to be paid for it

Customer:

ok

Customer:

so if i were to tell them that there is an issue with them holding these meetings and not paying us for them i would be correct in my statement

INFOLAWYER :

is the meeting concerning work you are doing for commission generation?

INFOLAWYER :

If yes, separate pay can be asked, but not legally required

INFOLAWYER :

if no, it can be asked and required.

Customer:

ok

INFOLAWYER :

If you are satisfied that your question has been answered, please select ACCEPT so that I receive credit for the answer.




If I can clarify anything, of course, ask me


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Customer:

how about a safety call that is held about three hours after my shift has ended

Customer:

typically around my dinner time

INFOLAWYER :

That is not connected to commission making, correct?

INFOLAWYER :

that is a more general meeting

Customer:

i see

INFOLAWYER :

and that should be paid for

INFOLAWYER :

that is how you should assess the time

INFOLAWYER :

I would ask for it rather than demand

INFOLAWYER :

and see if you can get other to join you

Customer:

ok thanks

INFOLAWYER :

very welcome

INFOLAWYER :

have a nice sunday

INFOLAWYER :

Kindly click accept for the answer

Customer:

you do the same

INFOLAWYER :

that is how I get credit by JA

INFOLAWYER :

and if you can leave good feedback after, much appreciated

INFOLAWYER :

take care

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