Q: I am a commission only sales person in PA. Can my employer mandate the hours I work?
I do not receive compensation for gas and I must use my personal cell to update company every night on my activity. They have mandated that I work two evening per week and Saturdays.
A: Your employer can require you to work any hours - including evenings and weekends. You should consult an employment attorney to ensure you are being properly compensated for all of those hours. If you are properly classified as an exempt outside sales employee, then your employer is not required to pay you in accordance with the overtime and minimum wage requirements of the Fair labor Standards Act. However, if you are not properly classified as an exempt employee, your employer must comply with the FLSA's mandates.
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