I wanted to write on New York Minimum Wage and Overtime Law when it comes to employees working on commissions. If you are commissioned employee and earn less than the minimum wage over the course of single work week, your employer is in violation of New York minimum wage law. The single work week is the key. In other words, your employer cannot state you made.for example, $40,000.00 over the year which is more than you would have earned for the year if you were paid minimum wage for the entire year. Its per week. However, in regard to overtime pay when you are an employee and you work in retail or a service establishment, adn your regualr rate of pay is at least one and half times the minimum wage and more than half of your earnings arte from commissionon goods or services, your employer may qualify under Retailor Service Exemption that being the RSE, and please know it is the employers burden of proof to demonstrate that RSE applys.
Please do not be afraid of coming forward to be paid for the hours you have earned. A lot of employees are afraid they will be retaliated against by their employer if they seek to paid their correct wages. Don’t be. At least let me know what is happening and I can advise you of your rights. Its not fair and most important it is against the law not to be paid your earned wages.