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I'm a massage therapist. I'm paid by the service. My problem…

Customer Question
I'm a massage therapist...

I'm a massage therapist. I'm paid by the service. My problem is I'm being asked to do services I'm not being paid for, they give discounts then take that out of my wage, upgrades I'm being asked to do for free. We're all being told we have to stay all day even if we only have one client in 8 hours. No hourly. Plus we are all required to attend these meetings we aren't being paid for. Is this legal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Michigan

Lawyer's Assistant: Has anything been filed or reported?

No. I've only tried talking to boss. Keep getting run around.

Submitted: 1 month ago.Category: Legal
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Answered in 10 minutes by:
3/8/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,280
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Welcome to our world too, we suffer the same issues as attorneys. The issue is that under state law, if you were a salary employee as long as your "average weekly wage" is at least minimum wage for all hours worked, the employer is not violating the Fair Labor Standards Act.

However, you are a per service employee and under the FLSA, you are entitled to be paid for every hour doing work of the employer at least minimum wage and for those meetings that are mandatory, you should be paid.

Based on what you describe, it appears they are not paying you for the hours worked and it sounds like you need to make a wage claim with the US Department of Labor Wage and Hour Division or the MI Department of Labor Wage and Hour Division and they have to investigate the whole work situation to determine how the employer is specifically violating the FLSA, but from your description, if they make you go to mandatory meetings without pay, even as a pay per service employee, that is a violation of the FLSA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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