HR Question

#1
Majors

Majors

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#1
My company has employees take calls for the company after hours (we are 24/7/365). Managers with salary and few sales reps 100% commission. My questions is in Tennessee, do the commission reps receive or should they receive on-call payment for having the phones for the night/weekend?
 
#2
#2
Majors said:
My company has employees take calls for the company after hours (we are 24/7/365). Managers with salary and few sales reps 100% commission. My questions is in Tennessee, do the commission reps receive or should they receive on-call payment for having the phones for the night/weekend?
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There is no law/rule/regulation that I know of that would require compensation. As to should they receive compensation, that depends on their commission structure and what type of calls are they taking. Good salesmen are always on.
 
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#4
#4
hog88 said:
There is no law/rule/regulation that I know of that would require compensation. As to should they receive compensation, that depends on their commission structure and what type of calls are they taking. Good salesmen are always on.
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The Fair Labor Standards Act regulates it. For the most part - being "on call" does not require pay. Taking a call could depending on pay structure like you said.
 
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#5
#5
volwindy said:
The Fair Labor Standards Act regulates it. For the most part - being "on call" does not require pay. Taking a call could depending on pay structure like you said.
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Thanks you for the explanation!
 
#7
#7
Are you taking calls on company phones ?
Are you subsidizing the company with your own phone /service ?
 
#8
#8
I’m in healthcare so it’s always a little different.. salaried employees did not get compensation for being on call.. but if people called you, you would write it down (the time and length of the call), and we would get paid for that time in addition to the salary, prior to around 2015, though, we got no compensation
 
#10
#10
Majors said:
My company has employees take calls for the company after hours (we are 24/7/365). Managers with salary and few sales reps 100% commission. My questions is in Tennessee, do the commission reps receive or should they receive on-call payment for having the phones for the night/weekend?
Click to expand...
Are you an actual employee or an independent contractor (I was thinking specifically of realtors)? If the latter, and you're on 100% commission, you get paid (eventually) only if you get a sale.
 
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#11
#11
woodpusher said:
Are you an actual employee or an independent contractor (I was thinking specifically of realtors)? If the latter, and you're on 100% commission, you get paid (eventually) only if you get a sale.
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That’s the hiccup, or the question posted. The few reps on call are taking for all reps. Might be their own territory/customer or could be for another rep. No split commission.
 
#12
#12
Majors said:
That’s the hiccup, or the question posted. The few reps on call are taking for all reps. Might be their own territory/customer or could be for another rep. No split commission.
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Are they on base plus commission or straight commission?
 
#14
#14
Majors said:
100% commission
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Absolutely no expert on labor laws so I don't know for sure whether there is anything that covers this situation or not. If they are service calls ext outside of sales I think it would be a good practice to compensate, if the calls are inquiries then then that's just part of sales.
 
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