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Is it possible to legally make less than minimum wage?

Virginia Beach, VA |

I work for the timeshare industry and have received checks way below minimum wage because I have gone over our "premiums". A premium is the allotted amount of money we are allowed to give a family when we book them on a timeshare tour. However, it is impossible to convince certain people to attend a timeshare sales presentation without bribing them a certain amount of money. I wouldn't normally try to bribe people to look at the timeshare, however, the company has threatened to discipline me or fire me if I don't book a certain number of tours per week. There are weeks when it is very slow and it would be impossible to otherwise book that number of tours --unless I work a ridiculous amount of overtime, which I don't get paid for except in sales.

If you go over on premiums, they average the amount you give per family and multiply the amount you go over by however many tours you book. If you book 6 tours at a premium of 90 dollars per family, then you go 20 dollars over your premium of 70 , so 180 dollars is taken out of the greater of your minimum wage paycheck or 60 dollars per tour. However, there are weeks when I have made a decent salary and receive checks of 1200 dollars.

Attorney Answers 1


  1. Some employees are not covered by the minimum wage.
    Contact a Virginia employment lawyer specializing in wage and hour issues. You can find some through the National Employment Lawyers Association:
    http://exchange.nela.org/findalawyer

    Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.

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