I am a singular employee of a business sales agent. I get paid an hourly wage and $250 every time we close escrow (only had ab 3 or 4 this year)
My boss expects me to take care of client communications (texts, calls, emails) outside of work hours because I get paid commission. Is this legal?
For some background: I also regularly put in extra time after my work day ends in the actual office (like staying until 5:30 when my shift ends at 5) because things get busy and pile up but I need to take care of everything before I leave. I keep a meticulous record of all my hours inside the office but I cannot accurately calculate all the time I put in outside the office since it happens on and off.
So far the hours I put into the office are covered by commissions since I purposely never try and stay more than 30 minutes after and most days I am able to leave right as my shift ends. I am scheduled to work 35 hours a week. I do not receive full time benefits because it is just under 40 hours. I am employed in the state of New Mexico if this helps. I also do not have an employee contract. The only thing I signed at the beginning was a standard w2.
This is my first “big” job. I’ve been doing this for almost 2 years since I was 19 and didn’t know anything about fair employment. I was desperate for a job and didn’t want to go back to working as a server or dishwasher so this seemed nicer.
But recently I’ve been questioning if I’m being taken advantage of.
Any help and insight is appreciated!
Edit: I’m also leaving for a family vacation tomorrow and worried he’s gonna be mad if I don’t answer stuff even though it’s my vacation.