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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117367
Experience:  20+ Years of Employment Law Experience
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I work for an automobile dealership that does their own

Customer Question

I work for an automobile dealership that does their own financing and payments are made directly to us. I handle contracts, insurance, refinances, collections, and make very important daily decisions on a daily basis. The administrative classification the department of labor has set forth is the correct description. I receive $400 a week salary to do this. I also get commissions if I make a sale. Should I be receiving the current minimum of $455 a week even though the sales commissions are a completely different aspect of the every day business decisions I make? I also average over fifty hours a week.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are a salary employee, then under the old rules, you should be receiving a minimum of $455 a week, $26500 per year in salary. The new rules are on hold.
However, whether you are a salary or hourly employee is purely to the discretion of the employer and there is no law saying you have to be a salary employee and the employer can always make an employee an hourly employee even if they would qualify for being a salary employee (it would not work the other way around though, they cannot make someone salary who does not qualify to be salary).
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Customer: replied 8 months ago.
But do the commissions come into play on that? With commissions it does put me over the current yearly limit. Am I entitled to the $455 a week even with a sales commission if I meet the administrative requirements.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply
Commissions are deemed a part of salary or pay and as such they do come into the calculation.

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