Q: What should commission employees of a Not for Profit get paid for sick leave in NY? Minimum wage or avg of commission?
This is what I found on NYS for Paid Sick Leave
https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave
RATE OF PAY
Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate, whichever is greater. No allowances or credits (e.g., tip credits) may be claimed for paid leave hours, and employers are prohibited from reducing an employee’s rate of pay for sick leave hours only.
A:
Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be more complex than for hourly or salaried workers.
To determine the normal rate of pay for these employees, you would typically look at a representative period of time to calculate an average. This average should reflect what the employee would have earned, considering their commission earnings, had they not taken the leave.
It's important to ensure that the rate paid for sick leave does not fall below the minimum wage. Given the complexities in calculating the normal rate of pay for commission-based employees, it's advisable to keep detailed records of their earnings to simplify this process.
Remember, compliance with the Paid Sick Leave law is crucial to avoid potential legal issues. If you're unsure about the correct calculations or how to apply the law in specific circumstances, consulting with an attorney knowledgeable in employment law is recommended. They can provide guidance tailored to your organization's unique situation.
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