Fall 2005-04 Crediting Commissions
There are situations where wages paid on the regular payday are not sufficient to satisfy the minimum wage requirement, but on a subsequent date the employee is paid commissions for those work weeks.
When the commissions are added to the wages paid in the regular payday, the result is that the employee has received at least the minimum wage for each hour worked during that week.
There is a monetary violation of the minimum wage provisions inasmuch as payment of not less than the minimum wage required by the Fair Labor Standards Act must be made on the regular payday for each work week.
Where the additional wages for a particular work week has actually been paid prior to an investigation by the Department of Labor in a sufficient amount to bring the wages up to the statutory minimum wage for each hour worked during that week no violation will be reported for that work week. Violations will be reported for subsequent work weeks and compliance will be enforced.
© 2005 Goldman Antonetti