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?
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