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JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11306
Experience:  Government and private sector employment law experience
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As a commissioned massage therapist in NJ, can my employer

Resolved Question:

As a commissioned massage therapist in NJ, can my employer mandate I stay on premises for my 6 hr shift if I am only booked for 3 hours?
Submitted: 9 months ago.
Category: Employment Law
Expert:  JBaxLaw replied 9 months ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service. Do you receive a salary?
Customer: replied 9 months ago.

I get $20/ hour commission + tips. No paid vacation or sick time

Customer: replied 9 months ago.

So what is your answer?

Expert:  JBaxLaw replied 9 months ago.
Are you paid for hours when you are not providing massages? Are you an employee or contractor?
Customer: replied 9 months ago.

No. I get 0 for time not massaging. & they expect me help clean on that unpaid time too.

Customer: replied 9 months ago.

How do I know if employee or contractor?

Customer: replied 9 months ago.

They insist it all part of being a team

Expert:  JBaxLaw replied 9 months ago.
It is important to determine if you are an actual employee or if you are a contractor working at the location. Which would apply?

Thank you
Customer: replied 9 months ago.

I believe a commissioned employee

Expert:  JBaxLaw replied 9 months ago.
I appreciate the follow-up information. The employer can pay you a commission only under the Fair Labor Standards Act so long as the commissions you receive equal minimum wage for all hours worked including those hours not performing massage work.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
Customer: replied 9 months ago.

Yes, OK, but please answer my question- do I have to stay on premises when not getting paid, & do I have to comply w/ cleaning massage rooms when on unpaid break?

Expert:  JBaxLaw replied 9 months ago.
You would need to comply with employer requests as an at will employee. The employer is free to terminate employment if you refuse.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11306
Experience: Government and private sector employment law experience
JBaxLaw and 6 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Thanks. Have great day! Vickie

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