Salaried position Changed to Commission only

[fsugrad32]

Are there any laws that prevent employers from changing pay structures from Salaried to 100% commission over a weekend?

An employer is attempting to do this in Lake Oswego, Oregon (portland).

 

[seniorjudge]

Q: Are there any laws that prevent employers from changing pay structures from Salaried to 100% commission over a weekend?


A: No.

 

[cbg]

There's a qualifier to SJ's response.

If your job duties qualify you to be exempt under the Outside Salesperson exemption of FMLA, then SJ is correct.

If you do not qualify to be exempt under the Outside Salesperson exemption, then you are still subject to minimum wage laws, even if the balance of your compensation is commission.

 

[Saundhaus]

I have been employed full time as a typesetter and sales person that received no commision. Now I have been cut back to part-time for the typesetting and switched over to 20% commission only for the other 4 hours of the day to do sales in the office. Is this legal?

Thanks,
Eric

 

[cbg]

Of course it's legal. Why on earth wouldn't it be?

There is only a problem with commission when it is 100%.

 

[Saundhaus]

Of course it's legal. Why on earth wouldn't it be?

There is only a problem with commission when it is 100%.

I was curious because I wasn't outside sales.

Eric

 

[cbg]

It's only permissible to be 100% commission if you are outside sales, but you can be partially on commission in other positions.