(now Prior) Employer Paid Us Under Minimum Wage, Among Other Labor Law Infractions, And Refuses To Rectify The Situation.
Myself, my partner, and our friend joined a very small general maintance company in Colorado. We did jobs such as cleaning windows, powerwashing houses, and clearing gutters for residential and commercial clients. This job is paid hourly for the first 2 weeks, and then paid commission. Our comission is half the amount the site task was priced for, divided by the number of people who worked on it.
It sounded like a great gig, until we started getting our paychecks.
To start, their pay periods are biweekly, but are a month out, meaning you do not get your first paycheck until a month after working there. This already breaks Colorado Law, as employers are required to give your paycheck no more than 10 days after each pay period ends. So the first pay period debacle was illegal, as was each continuing paycheck due to them being 14 days apart.
Now onto the pay. Each of us received about $2-300 each paycheck, not counting our first "training pay" check which was slightly more. We worked no less 30-45 hours a week, typically 6 days a week. Colorado law seems to state even if you are a comission/salary-based employee, you must be paid at least minimum wage for hours worked.
Contacted our payroll lady to see if I could access my timesheet and cross-reference it with my pay, and wouldn't ya know, she does not keep any recordkeeping of our hours, both working and travel time between sites. The only records she had was the jobs we worked, and the pay split for those. From what I can read, not only is is not getting paid atleast minimum wage is illegal, but also failure to record hours worked.
And finally. All three of us quit 2 weeks ago after another abysmal paycheck. Colorado Law seems to state that when an employee quits, their final paycheck will be paid upon the next pay period, and include all wages owed. Of course, I get an email today with a paystub, and mention that my final one will be the pay period after.
I've never worked a comission-based job before, and I mostly used information given to me by a representative of the DoL, and my Google skills to find these descreptences. I would like to know if I'm missing something, possibly misinterpreting the law, and where to go from here. I've already emailed the company and payroll about these issues and have gotten 0 response, which was to be expected.
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