Q: I’ve been working for a company full time for over 20 years and they have never given me vacation pay or sick days.
The company I work for considers everybody part time but I easily work 40 to 50 hours a week. It’s a commission based per building and my portfolio used to be 200 buildings a month but now it’s 140 buildings a month since Covid hit. I constantly ask for vacation pay and they only gave it to me once and disguised it as a bonus. The company is based in New York, but I work remotely from my home in Pennsylvania. I have to beg for raise every two or three years. They tell me that everyone is part time in the company so they can’t do anything about it. I use my own car and travel about 1000 miles a week. Can I do anything legally?
A: Interesting situation, you could be covered by PA law or NY law or both. You would want to research which is more favorable. Check not only the wage laws/employee laws that provide that you are entitled to recover wages AND EXPENSES expended for the benefit of your employer, and you are entitled to be paid for all hours worked, as long as the employer knows you are working. (putting in time when you are supposed to be off the clock might not be compensable if the ER doesn't know). How are you going to prove your hours worked? After you research, contact the state agencies or look at their websites for making claim forms.
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