I live and work in Virginia. I work for a moving company and I do local jobs as well as interstate. Drivers have an hourly rate of $19 but for interstate jobs, they pay us a commission of 10% of the customer’s total bill, which usually ends up being more than the hourly rate. The problem is- we rack up hours quickly on interstate moves.
For example, I could do a local job for 13 hours, and then an interstate job for 27 hours, and then finish off the job with another couple local jobs for 6 hours each. This would be a total of 52 hours in one week, but since interstates are paid by commission, only the 25 hours from local jobs would show up on my check and I wouldn’t receive any overtime.
To me, this seems illegal because even though they are paying commission for the interstate moves, we are still logging every hour for internal company records. Does anyone have any insight or experience with something similar and can anyone tell me of the FLSA says anything about a situation like this? I’ve looked but I can’t find anything that covers this exact situation.