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Commission-only employee working from employer's office is not exempt from minimum wage protections.
The applicant employer sought a review of an Order to Pay issued by an Employment Standards Officer, which found that the responding employee was entitled to minimum wages and vacation pay for his nine-week period of employment.
The employer argued that the employee was hired on a commission-only basis and was exempt from minimum wage protections as a commissioned salesperson under Regulation 325.
The Board found that the employee, who spent almost his entire employment period working out of the employer's office making telephone calls, did not fall within the exemption for salespersons who normally make sales away from the employer's place of business.
The application was dismissed and the Order to Pay was upheld.
