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Thread: TLPA Still Working On Taking Money From Drivers Pockets

  1. #31
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    Quote Originally Posted by gunny View Post
    Asides from being a year late, what does your questioning have in line with what you quoted? You want answers? Go do the research!
    simple question. If the plaintiff is an employee and signed a contract to work for % as well as not work for someone else and respect confidentiality - employee contract seems to be the missing link here that could have protected the defendant.

    Simple question - yes or no

    not another dumf$ kkneejerk insult
    just asking for an opinion

  2. #32
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    Quote Originally Posted by Dr. Gelakeiwicz View Post
    simple question. If the plaintiff is an employee and signed a contract to work for % as well as not work for someone else and respect confidentiality - employee contract seems to be the missing link here that could have protected the defendant.

    Simple question - yes or no

    not another dumf$ kkneejerk insult
    just asking for an opinion
    As I understand, not gospel, % paid employees still must meet the minimum wages prescribed by law. The cases on this thread are of claims that employees were erroneously treated as IC's.
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  3. #33
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    Quote Originally Posted by gunny View Post
    As I understand, not gospel, % paid employees still must meet the minimum wages prescribed by law. The cases on this thread are of claims that employees were erroneously treated as IC's.
    So a guy working in a mall kiosk on commission has to be paid minimum wage - even if he sells nothing ? He's paid a % per agreement of employment.
    I understand this thread refers to cases that may or may not have. Commission based compensation may be the wrong term. But at the end of the day referring to a % payment is like commission. that's where I get the analogy.
    Thank you for the straight answer above.

    I happen to believe that an employee can be paid % if set up correctly.
    this entire compensation issue is always an adventure.

  4. #34
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    percentage is different from commission, my understanding of paying percentage is as long as the percentage equals to at least minimum wage you are fine.

    say you pay 20% of the base rate of $70.00 per hour and the job is 5 hours, it took your driver a total of 7 hours, prepping vehicle, cleaning upon return etc.. the driver would make $10.00 an hour, you are good.

    That is my understanding of the law.
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  5. #35

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    In general commissions must equal minimum wage for the hours worked. However, there is an exception for those who sell products or services away from the employer's place of business and are paid commission. This is commonly known as "outside sales." In this case the employer has no obligation to meet minimum wage.

    The above refers more to retail type sales positions (inside sales or outside sales). I presume a kiosk salesman is defined as inside sales and pay must be added to his check to equal minimum wage if he doesn't sell enough.

    Commission is definitely different than a percentage type pay.

    HOWEVER, all that being said, a chauffeur is not a retail or salesperson so I can't see how anyone should be able to make a comparison to or reference to commission as it shouldn't apply to a chauffeur. A chauffeur who is an employee must be paid minimum wage for all hours worked. There are a variety of methods for the company to set pay: 1) basic hourly 2) hourly + gratuity 3) percentage of job. I think in either of three cases at the end of the week total pay divided by hours worked needs to at least equal minimum wage.

    Now if he is an IC, that is a whole different story. I can't see how there is any requirement for minimum wage if the driver is an IC. Then the question comes down to, is he a legal IC or is the company taking liberty with the description...

    Not going to get into OT. That has a whole different set of arguments in this industry.
    Last edited by TxLimoGuy; March 12th, 2010 at 04:54 PM.
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  6. #36
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    Quote Originally Posted by TxLimoGuy View Post
    In general commissions must equal minimum wage for the hours worked. However, there is an exception for those who sell products or services away from the employer's place of business and are paid commission. This is commonly known as "outside sales." In this case the employer has no obligation to meet minimum wage.

    The above refers more to retail type sales positions (inside sales or outside sales). I presume a kiosk salesman is defined as inside sales and pay must be added to his check to equal minimum wage if he doesn't sell enough.

    Commission is definitely different than a percentage type pay.

    HOWEVER, all that being said, a chauffeur is not a retail or salesperson so I can't see how anyone should be able to make a comparison to or reference to commission as it shouldn't apply to a chauffeur. A chauffeur who is an employee must be paid minimum wage for all hours worked. There are a variety of methods for the company to set pay: 1) basic hourly 2) hourly + gratuity 3) percentage of job. I think in either of three cases at the end of the week total pay divided by hours worked needs to at least equal minimum wage.

    Now if he is an IC, that is a whole different story. I can't see how there is any requirement for minimum wage if the driver is an IC. Then the question comes down to, is he a legal IC or is the company taking liberty with the description...

    Not going to get into OT. That has a whole different set of arguments in this industry.
    Thanks for the clarifications - speaking of percentages - the lines get blurred, and there should be a legitimate way to pay a percentage. Sometimes the fine points get missed.
    Thanks

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