work rules

I'm pretty sure there is a federal law that states that if you work more than 40 hours per week, you must be paid overtime of at least time and a half. (hourly wage times 1.5) Of course, for people in comission positions, thats a miniscule amount most of the time - but as far as i know, there are no other laws about it. (And if you work 3 12 hour shifts, you dont need to get overtime so long as thats all you worked that week, unless local labor laws say otherwise.)

In our store, the HA people generally work 9 hour shifts, but stay under the total number per week to be paid overtime. We also do basically everything ourselves - we always set up our displays and put up signage ourselves, and if we sell items from the floor/stock, we have to move them ourselves. repositioning floor items to match the plan or make the department look and flow better and putting up signs isnt a huge issue. rearranging the merchandise doesnt happen often, and signage doesnt take long to do at all, and we usually arnt otherwise busy late at night when we switch out signange. The only thing i do wish was that we actually had a receiving department that was here all day - they usually all leave by a little after noon, and while they are here, they always seem to busy with other frieght to help us - at least in a timely mannar.

Hi, pmcnally. Thanks for joining MySears! We would like an HR Manager to speak with you, if possible, about your concerns.  If you do not feel comfortable doing so, I would recommend that you call the Associate Services Organization (ASO); you can provide your name or discuss anonymously.  One of our HR consultants will be able to provide answers to your questions.  Thanks for your inquiry.

Hi, pmcnally!  Have you contacted the People Coach or the Store Coach at the unit you work at yet?  These can both be valuable resources and do wonders to solve your problems!  I am sorry that you are not enjoying your experience at Sears.

I'll tell ya, as a sales associate in appliances, I'd rather have something to do during the slow times (our store opens at 8am, so you can imagine the free time we've got in the morning).

And, not for nothing, but I've been in commissioned sales for the last 6 years, and nothing inspires pride in one's department so much as taking part in making it as good as it can possibly be. If it's handed to you, there's nothing of yourself invested in it, and there's no impetus to keep the department looking great.

In fact, as a former lead, and as someone who's been in a position to gauge performance versus willingness to work, those who are most willing to work make the most money, and those who try to find every possible way to avoid having to do work and complain about what they're asked to do are the ones who don't make much, don't serve customers as well, and don't last very long.

Without knowing the state labor laws in your state, I can't say anything about overtime, but upkeep of the department, when done at appropriate times, in no way affects the ability to sell. I've been on both sides of this equation, and at no time has anything above been proven untrue. If people put as much effort into doing their jobs as they did into not having to do their jobs, so much more could get done so much faster.

Well I have been a commission sales associate at Sears for 25yrs. I have been the top seller in our appliance department for over 10yrs, I beg to differ from you my friend. If I am hoisting a large front loader set, while another associate is selling a large side by side, I should get paid for it. If I am snicking freezers on the back wall, and am unable to reach the telephone to make a potential sale, and our unethical store support answering team gets it, I should be compensated. Sears holding pays us on a commission only basis, that is their choice. Are you aware that your company is being sued in some states by their commission assoiciates for illegal practices? Are you afraid to deviate from the company line on any issue?

The call doesn't reach the mall store until the call center has already answered the call and forwarded it to the mall store. I also am a sales leader, and I do more appliance moving, display disposition, etc. than anyone in the department.

I'm not a magician, but I'm also not one to complain when asked to do something other than wait for a customer to stroll in. We're all big boys and girls, and we can manage to do occasional non-sales tasks and still make all the sales we normally would.

I'm not one to take "not my job" as an excuse for anything, so I'm afraid there won't be much sympathy from this end for having to work at work.

Wel... who doesn't do any additional tasks besides the own?  ...but I think some type of compensation should be granted.  I also think that overtime is a well earned (and deserved) right for our hard work.  God bless you all.

Not sure of the state law in your state or Federal Law but there are different position that are classified differently by Uncle Sam. I do believe that if one is hourly and works over 40 hours is entitled to OT compensation but I do not know how the commision only works. Perhaps you could go onto the Federal Gov web site concerning labor laws but I would suggest you talking with the Sears folks in their HR department first. I am sure they will be glad to send you a copy of the wage guidline laws as well as if there is any wrong doing they will ensure it is corrected.

I remember about 20 years  I had to call Kmart HR about a matter and they were more than glad to look up the law and provide you a copy of the law to ensure all parties were on the correct legal page.

Give them the opportuntiy first and then if all is not well or not corrected then you always have other options.

It is OK to "complain" if someone is stealing from you. If I opened up a cash register, and took money from it, I am sure Sears would rightly complain I was stealing. In our store myself and another individual were handed a planogram recently for div 26. We reset the dept without the aid of back belts of lift training. When we requested mitt pay or benefit rate from out store manager, we were denied. That is Sears stealing from their own associates. Over the winter, when the TV dept. was severely shortened of hours because its staff recieves a base pay, We were asked to cover that area. That reserve of free labor.  So while some of us were selling laundry sets, others were scrambling for converter boxes. That sir is stealing.  Some of the tasks we commission only associates such as using the snick, were done previously by salaried positions. These positions Sears has chosen not to fill after the previous associates have retired or left.

Actually we have. The HR associate in Hoffman estates does not respect our privacy or concern for discretion. The associate's name who lodged the compliant was given to our store manager. This had happened previously when an associate complained about being locked in the store after closing a year or 2 ago. I think the legal route will be the best recourse.

You ARE aware that you can remain anonymous when you call the ethics line, right?

Hi Pmcnalley, I'm not sure if you saw my note yesterday.

Have you called the Associate Services team (888-887-3277) or the Ethics line (1-800-8Assist)? If desired, your call can be anonymous to either toll-free line.

The bible says that "all labor is profitable" and to "honor and respect your masters (employers) in this world". But it also tells masters to treat their servents in a right way. I have missed some big sales getting soap from the back or while snick'n, but I've also picked up some while others are doing the same. I believe if the work is distributed evenly, I might not like it but it would be fair. I might not get that sale that day, it might take 2 weeks, but everyone of us commission guys knows it only takes one to make your day, some times even the week.

    The key is fairness in the work distribution.

While you may "enjoy" doing something, that doesn't make it right.  There are labor laws for a reason. 

I can understand how these people feel -- they are getting paid when they sell something, not when they are moving boxes around and cleaning the store.

Sounds like an awful practice that needs to be stopped.  If you were paying people do this before you need to be paying them to do it now.

We all know the economy is hurting from businesses to households and I think employees and employers need to be working as a team. Yes, there used to be people designated to set planograms and put away stock, but that was when the business was thriving.

Of course it's much more fun to cluster in groups and talk while waiting for customers, but an excellent employee has integrity. When something needs to be done you do it. If 100% commission doesn't suit you, try something salaried or with a base pay instead of trying to cash out on the legal system.

No one said a retail job is an easy job!  I think working with the public is difficult and takes a certain type of person-Sears is lucky to have so many enthusiastic and accomodating associates in all of their stores! 

Seems like in any job, you are expected to help out wherever necessary-that is what being part of a team is all about. 

Does "helping out" mean that one is required to do back breaking work for free? So if I am an orderly in a hospital, and the heart surgeon can't make it, I should just jump in and do what is necessary for the sake of the "team".

No, of course not.  Although, retail jobs are not the easiest, there are lots of rewarding factors that do come with that line of work as opposed to other types of employment. One would be the satisfaction an associate receives when a customer walks away happy, another would be being part of a team and working together. 

Since it's so much fun, are you volunteering to work for a week without pay?  Do that and see how much fun it is. 

If you are being paid a salary or by the hour, sure, do whatever is  necessary.  However if your pay is based on selling and they want you doing things that mean you earn ZERO income then it's time to talk to a labor lawyer because that isn't legal.

Thank you, I know all about the rewards. I have been in commission sales at Sears for decades. I have multiple generations of customers seeking me out personally to make their puchases. They know I provide good customer service, and that we sell excellent products. I have helped, along with many others, to make alot of revenue for our company. However, our satisfaction as associates is decreased, when our company deals with us dishonestly. Why was the commiision rate on the 33647 gas 6yr water heater dropped from 3% to 1.8%? As our benefit rate declines, will non selling duties also correspondingly decline?