Archive for January, 2007

Why Wal-Mart Employees Should Consider NOT Accepting Settlement

Yesterday, it was reported that Wal-Mart had reached a settlement with the Department of Labor to settle unpaid overtime claims by its employees.

The odd thing about this settlement is that Wal-Mart turned itself in to the Department of Labor and negotiated a quick settlement with the government and the employees had no say in what they settled for.

Apparently, the settlement included absolutely NO penalties, NO interest… Continue reading

Q&A: Restrictions on Bad References by Former Employers

I quit my last job because my boss would not stop asking me out on dates. Now I am having a really tough time finding a new position. Every time I go through an interview they seem to love me, but then it falls through once they start checking my references. I think my former boss is bad-mouthing me when these employers call, even though… Continue reading

Commissioned Salespeople & Overtime, Part 4: Final Words

Although this series on commissioned salespeople and overtime might not be the most exciting employment law topic, for those with large unpaid claims, it probably is the most exciting… Continue reading

Commissioned Salespeople & Overtime, Part 3: Qualified Employer?

Even if you meet the criteria to be classified as “exempt” from overtime pay as a commissioned salesperson, the business your employer is engaged in can also automatically qualify you for overtime, regardless of how you are paid.

Commissioned salespeople can only be “exempt” if their employer is a “retail or service establishment”. Whether your employer qualifies is very complicated… Continue reading

Commissioned Salespeople & Overtime, Part 2: Are You "Commissioned"?

In order for an employee to qualify as “exempt” from overtime pay as a commissioned salesperson, the main test that must be met is the employee MUST make more than 50% of their wages in the form of “commissions”. This test is not as straightforward as it might sound at first.

What are “commissions”?

Many employees receive what their employers call “commissions” as part of their wages each pay period, but… Continue reading

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