Hello, I am a car sales consultant at a dealership in Guilford County, NC. I get paid 100% commission, but am paid “hourly” through a draw of $8.50/hr. The total draw is subtracted from my commission on payday and I am given the remainder. The GSM responsible for fixing any time clock issues has not corrected time sheets at all, and I have not been paid for all the hours I have worked for 6 months now. Furthermore, I have not earned enough commission to “pay back” the little draw I’ve recieved, so I am essentially working 60 hours per week and receiving very little compensation for doing so. Is the company responsible for paying me for the hours I work, or am I out of luck since I am technically a commission employee?
Your situation involves complex application of the Wage & Hour Act, FLSA, and other complicated law. You should consult with a lawyer about your rights as soon as possible.
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