Sharon works throughout the day as clients are always coming and going, looking at timeshares, or keeping her stuck on the telephone or glued to her computer writing emails. She loves her job, but she feels like she can never take a break. She has asked her boss for one, but she has not received permission yet. “It’s just the way the job is, I’m on commission so it’s okay” she tells herself.
Does this scenario sound familiar to you? If you so, you may have been a victim of wage violations. As a salesperson, even on commission, there are employment laws that your employer must follow, such as giving you rest and meal breaks. Otherwise, you may have a case for unlawful employment behavior.
Know Your Employment Rights
In the state of California, timeshare companies need to separately compensate their sales employees for rest breaks and downtime, even when those employees are paid on commission. What this means is that you can’t be paid just a commission. You need to be paid for each hour that you work, even if you are just sitting around waiting for a client to come in or get on the phone with you.
And if you can be contacted during one of your two ten minute breaks (called rest breaks or rest periods, as distinct from your half-hour meal period) – even if you actually aren’t – you need to be paid for an extra hour of work each and every day.
Time Share Sales Staff Have a Right to a Rest Break
Sharon’s story is all too common, but you should know that not getting a break or having to be at the ready in case a client comes in or calls during a rest break isn’t just another part of the job. Timeshare sales employees are unique because they, like Sharon, assume that because they are paid commission, and often make good money, they don’t need to be paid for breaks. But that isn’t the law. Under state law, your employer is required to give you a ten-minute break for every four hours that you work. Plus, if your employer does need you to work through your break, or even if they or clients have the ability to interact with you during that break, you are entitled to one hour’s worth of pay for every single day you work.
Speak to an Attorney Today
These are pretty complex wage issues and you should probably call us to discuss them. Our attorneys will be able, after hearing your story, to tell you if you are owed any money by your timeshare employer. Most often, the answer is yes. If you are owed money, we can tell you how to go about collecting it. And this service is free and confidential.
We are also happy to discuss work issues with you other than wage issues, such as sexual harassment, wrongful termination, or just how to deal with a boss who is unfair, or abusive to you. We are here to fix hostile work environments.
Choose the Carter Law Firm as your employment law attorney for timeshare break violations. Complete the form below to request a consultation with one of our attorneys. You can also call us. After discussing your case, we will advise on what the next steps should be. Don’t suffer in silence. We can help.