Can an employer in a commssion sales job Make working on Saturday’s mandatory?
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Can an employer in a commssion sales job Make working on Saturday’s mandatory?
I am an employee working in sales with a well known national firm and receive a monthly car allowance, plus benefits, but no salary, only commission paid on sales. Our sales manager has just made it mandatory that all sales reps must now work every Saturday by cold calling on residential homes. It was not a part of our original hiring agreement to work Saturdays, is it legal for them to require working on Saturdays mandatory? Of further note, the sales teams work in sales is flexible, selling home security monitoring packages to residences, and sales reps work during the day, or evenings, and at times weekends with a few company provided appointments, but mostly obtaining our own appointments, but no set schedule was ever set other than weekly meetings.
Asked on May 12, 2019 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless you have an employment contract or union agreement to the contrary, your employer can mandate that you work Saturdays, even if you are on commission. The fact is that most work is "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless you have an in-effect (i.e. not expired or terminated) written employment contract for a set or definite length of time (e.g. a one-year contract) which states the days you work, your employer can require you to work Saturdays, regardless of how (e.g. by commissions) you are paid. In the absence of a contract, employers determine work schedules, days, etc.
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