Q: Is it legal in NY to enforce an employee to take lunch outside the desk and at a specific time?
Is it legal in NY to control how often an employee go to the restroom?
if I am salaried on sales commission, is it required in NY to provide commission statements?
I am salaried hourly based, but not paid overtime. Should I be paid for any overtime?
Thank you
A:
What does your sales commission agreement state? The reason for requiring commission sales agreements is so that employees know how much they will be paid, how the commission will be calculated, and when it will be deemed earned. It's so challenging and such a high turnover in that field that many change jobs all the time. Employees need to know on what date or event they are owed commission.
If an employee is paid a salary plus commission that is not hourly work.
You need to sit down with an employment lawyer to discuss your pay issues.
If you are being accused of spending too much time in the rest room and it is due to a medical condition have you asked for an accommodation to permit you to work with whatever condition you have, maybe with a doctor's note? Or maybe another job since that may be a hint to look for one?
A: Generally, the employer may control the conditions of the workplace. An employer may require that lunch not be eaten at the desk in most usual cases, barring any handicap, reasonable accommodation. In terms of restroom accommodations, you would have to provide more information. Again, in the usual sense, it would not be an issue. If there are specific break times, that could factor into it, however, if you have to go, you have to go. But if you are going to the restroom every 10 minutes, the employer may take notice. You would have to provide more information as to these circumstances. If you are not on commission, you may be entitled to overtime, if you are an hourly worker and not salaried.
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