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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4528
Experience:  Exclusively practice labor and employment law.
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I am a commission salesman company that sells portable

Customer Question

I am a commission salesman for a company that sells portable buildings. I am 1099 but they call me the lot manager. I have a company computer and have to enter information into their system. I am on a 500 wk draw and have set hrs that I am to work along with a company e mail and shirts. I make my commission off the gross of the buildings that I sell. The company sends the buildings to the lot with an invoice then I am told what percentage I can mark up the buildings by my boss and the owners. When I sell the buildings they have started charging me 200 out of the gross sale of the buildings for their company people to deliver the buildings. I am not allowed to use anyone but them to deliver and lose 200 out of the gross for the delivery. This can be upwards of 1000 a week lost to me out of the gross of the sale. They have slashed prices and started taking money out of the gross sale in the last couple months. I have trouble now even covering the weekly draw. I don't see how this is legal as a 1099 I should be able to set my prices and use anyone I would like at cheaper prices for delivery. Please advise I am in Georgia if that matters.
Thank you
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.

From what you explain it appears you are misclassified as a 1099 and have a possible wage claim - the employer tells you when, where, and how to work - that's an employee not a contractor. You see as a contractor you don't even have to be ensured minimum wage if you are a contractor, but if you were classified as an employee - you'd at least have to get the minimum wage for all the hours you work, even after all these company cuts. You may want to consider filing a charge with the Department of Labor and/or Treasury or going to a local employment attorney for representation - you may be owed past due wage and benefits.

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