Edwardsville, IL asked in Employment Discrimination and Employment Law for Illinois

Q: I work as a dental hygienist in Illinois. I get paid on commission. (what I produce Minus any deductions)

That Dr will subtract any discounts he gives to patients also. I am required to attend office meetings and training, but was told I will not get paid. He said, "I can not make you come, but if you don't you should look for another job." I am also required to make phone calls and confirm my patients and do not get paid. I do not get a 1099 and i do get a W2 at the end of year. The other employees all clock in from the time they arrive to when they leave. They also get bonuses and I do not. Is this legal? Is there anything I can do? I am very fearful of being fired!

1 Lawyer Answer
Kyle Anderson
Kyle Anderson
  • Employment Law Lawyer
  • Columbus, OH

A: Are you working more than 40 hours per week when you combine the patients you see, the meetings/trainings, and the phone calls to confirm appointments? If you are, there may be an overtime violation here. Employers can only apply an overtime exemption to an employee it pays exclusively by commission in specific circumstances. I would start logging your hours on your own and reach out to an employment law attorney to discuss options if you are working more than 40 hours in a week.

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