I am a commissioned licensed massage therapist in ohio. I am being required to have certain 'shifts' within a chiropractic office and within a spa that are unpaid. The hours are required every week, although I only get paid commission for each massage I give. Are they able to require me to come and sit when there are no scheduled appointments without compensation? I am an employee, so they pay taxes each paycheck, but aren't they still required to have some base pay for mandatory hours?
Answer
Your employer may be violating the Fair Labor Standards Act, which requires employers to pay a certain minimum wage to employees. Generally speaking, employees who are 'engaged to wait,' as opposed to 'waiting to be engaged,' are required to be paid a minimum wage for their wait time. As these are fact-intensive cases, you should consult with an attorney who practices employment litigation for a detailed analysis. Feel free to call our office at 614-466-4455 if you would like additional information.
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