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So I was unemployed for a long time and finally got a position as a membership consultant for a large gym. Basically, they train you for 30 days where you make about 12 an hour then when you go to your club, you are paid around 6 a week. They call it salary so you don't get overtime pay. 3 times a month you must work 12-12 and if you don't hit your goals for the day, they can ask you to stay later until you do. The other thing that kind of sucks is they said it was 40 hours a week for the 4 weeks but they constantly let us go 1-2 hours early every day which shorts the paycheck even more.
You do receive large amounts per membership so it's not like they are paying you peanuts. Making goal means about 44-50k a year. I'm not complaining because it's a job and I'm happy to be back to work, but I'm used to being paid for OT especially given the base pay is so low. I'm guessing they assign it as an outside sales position or something? Is this crazy? I'm assuming it's fine since they operate like this in many markets, but I've never heard of such a thing.
They do not have to pay OT if you're properly categorized as an exempt employee (impossible to tell from the info given), and your income exceeds certain thresholds (vary by state).
Is it income based on base pay or income based on sales plus base? If you meet goal, you would double your base or more every month. I'm guessing that's why it's legal?
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Overtime laws vary by state. In some, it kicks in at more than 8 hours in a day, for others only after 40 hours in one week. For the latter, you could work two 12 hour days and two 4 hour days and not get any overtime, exempt or not. The federal requirements for exempt status are clear, but employers often fudge on them. There is a minimum salary requirement, currently about $11.38/hour, but Obama is about to increase that. If you make less than that per hour you are not exempt, and have to be paid overtime.
Overtime laws vary by state. In some, it kicks in at more than 8 hours in a day, for others only after 40 hours in one week. For the latter, you could work two 12 hour days and two 4 hour days and not get any overtime, exempt or not. The federal requirements for exempt status are clear, but employers often fudge on them. There is a minimum salary requirement, currently about $11.38/hour, but Obama is about to increase that. If you make less than that per hour you are not exempt, and have to be paid overtime.
I work in health care, hourly, and have never been paid overtime in 18 years, I spent a lot of time on weekends and days off doing documentation at home on my computer. I am well compensated so do not complain, but Id guess your feelings on it depend on your compensation. We are also sent home if the census is low and there aren't enough patients.
I would estimate how many hours you are actually working, and how much you realistically expect to get paid (many sales jobs have unrealistic goals that almost no one meets. Will you really make 44-50k a year?). Find out what you would make per hour, even though you aren't paid hourly. That's not how a job is legally decided to be exempt or on-exempt, but it's how I would evaluate the position before deciding whether or not to take/keep it.
finally got a position as a membership consultant for a large gym.
Find a real job.
Fixed hours with a fixed pay rate and 1.5X OT after 40 hours.
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