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Is it legal to make my commission salespeople to stay off the floor as punishment for being late?

Seattle, WA |

They are paid commission on delivered merchandise, we pay an hourly wage if commission levels are not met. When an employee comes in late, Instead of letting them make money on the floor, I keep them in the back office answering phones and taking payments. Is this legal?

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Attorney answers 1


The 2011 Washington minimum wage for employees is $8.67.
If your salespeople worked solely on commission, they would probably be "independent contractors".
Contracts can have almost any kind of terms the parties agree on.
As a business consideration, you would probably want to treat the people who work for you well so as to motivate them to perform well and to retain them so as to avoid the cost of training new personnel. It is also probably a good business strategy to try especially to retain the best personnel possible.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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