This is a hair salon, Commission earned. and there is no overtime. The stylists that have built a clientele are allowed to work up to 10 hours past their 40 week. Stylist that wish to get more ours to work and also build clientele are not able too because of this. Is this legal? Meanwhile, management pressures all employees to meet a quota through sales, while the business is slowing down.
It sounds like your employer may be violating the wage and hour law. When you combine your hourly wages and your commissions, you must still be earning minimum wage or more. If you are working more than 40 hours in a week you generally must be paid overtime. That overtime under the Fair Labor Standards Act is calculated base on the sum of your hourly rate and your commissions, unless there is a local state law that provides for another formula. You should contact a local employment attorney, which you can find here on Avvo, and review the wage and hour structure your employer is using. Beauty Salon's are notorious for violating wage and hour laws, so you should look into it.
Best of luck!
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This salon may or may not be subject to the Federal Fair Labor Standards Act (FLSA), which provides that certain businesses and employee are entitled to overtime. Virginia has no law providing payment for overtime.
Since hair salons are considered a retail enterprise, the company would have do at least $500,000 in gross receipts per year to be subject to the FLSA. If the business is covered, it is also entitled to the 7(i) overtime exemption but it must meet the requirements of this exemption before it can be claimed. If the company can't claim the exemption but is still subject to the FLSA, it must pay you time and a half your regular rate of pay for those hours worked over 40 in a week-- regardless of whether you receive just commission and/or an hourly wage.
I would contact the US Department of Labor's Wage and Hour Division to determine your rights under the law.
This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.
As both counsel have stated a lot depends on the specifics of this company. Why not schedule a consultation with an experienced employment lawyer.
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