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I averaged $5.35 per hour on my last commission paycheck…

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I averaged $5.35 per...

I averaged $5.35 per hour on my last commission paycheck that I received on last Friday. According to this my employer should have had to still pay me minimum wage even though I’m commission?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am also charged backbar “deductions” for each service I provide. How is that leagal when I am a commission salon so they make money off of my services and product is a tax deduction for owning a business...

Submitted: 7 months ago.Category: Employment Law
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11/26/2017
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,010
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 7 months ago

Under the Fair Labor Standards Act even commissioned employees must still make at least minimum wage per hour. Thus, when commissions do not meet or exceed minimum wage, the employer must make up the difference. The employer could then deduct the amount it had to pay in addition to commissions from later checks when meeting minimum wage is not an issue. Commission agreements are generally a matter of contract, and there are no laws prohibiting the employer from making deductions from the commission for various expenses.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Employment Lawyer: John, Employment Lawyer replied 7 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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