u/luckydaisy27

I've done a little research on my own and I am pretty sure what is going is not legal.

The way I am paid is confusing to a lot of people, I am going to do my best to break it down simply. The last time I tried to get clarification a lot of people were hung up on me being paid by different entities so before I get these comments, YES I do receive both a W2 and a 1099, and no I am not confused by that part.

I am a salesperson for a cemetery and funeral home. My W2 comes from the cemetery which is my main employer. My 1099 comes from an insurance company. When I help people pre-arrange funeral costs (cremation, caskets) I am selling them final expense insurance policies.

This year at the cemetery office, they changed the sales staff from an hourly rate to a salary. We are supposed to earn enough cemetery commission that meets whatever our salary pay would be for that month. If we do not, it is supplemented. Example: Our salary base each month is $3,500. If I earn $3,000 commission, they pay the $500. Normally my cemetery commissions are between 4k-10k each month. I am basically commission only. I have only needed supplement pay once in the two years I've worked here.

They expect us to be in the office 8:30am-5:00pm and here on the weekends once or twice a month. Keep in mind this is all completely separate from my insurance commission payouts.

I believe this structure is legal, despite the annoyance of it. I regularly do not get lunchs or breaks because of how busy I am. After long busy days I am denied being able to leave at 4 or 4:30. Again, I believe this is legal, just annoying when you are not paid for your time.

My main question is, why am I not paid my sick or vacation time? There have been many months in which I had called out sick, or taken a couple of days off. They tell me it's because I have made my commission and exceeded my "salary pay" for the month but I do not think it's right.

I currently have 100 hours of both sick and vacation time accrued. I rarely take time off and if I do it's a day or two at a time. They get annoyed when I request time for short personal appointments during the day. I could understand if I have used my time up, but it is continuously accrued because of the pay structure.

Is it legal for them to not pay out my vacation time when I have taken time off because I made too much commission? I am losing money when I am not here and available for new leads, etc.

I've done a little research on my own and I am pretty sure what is going is not legal.

The way I am paid is confusing to a lot of people, I am going to do my best to break it down simply. The last time I tried to get clarification a lot of people were hung up on me being paid by different entities so before I get these comments, YES I do receive both a W2 and a 1099, and no I am not confused by that part.

I am a salesperson for a cemetery and funeral home. My W2 comes from the cemetery which is my main employer. My 1099 comes from an insurance company. When I help people pre-arrange funeral costs (cremation, caskets) I am selling them final expense insurance policies.

This year at the cemetery office, they changed the sales staff from an hourly rate to a salary. We are supposed to earn enough cemetery commission that meets whatever our salary pay would be for that month. If we do not, it is supplemented. Example: Our salary base each month is $3,500. If I earn $3,000 commission, they pay the $500. Normally my cemetery commissions are between 4k-10k each month. I am basically commission only. I have only needed supplement pay once in the two years I've worked here.

They expect us to be in the office 8:30am-5:00pm and here on the weekends once or twice a month. Keep in mind this is all completely separate from my insurance commission payouts.

I believe this structure is legal, despite the annoyance of it. I regularly do not get lunchs or breaks because of how busy I am. After long busy days I am denied being able to leave at 4 or 4:30. Again, I believe this is legal, just annoying when you are not paid for your time.

My main question is, why am I not paid my sick or vacation time? There have been many months in which I had called out sick, or taken a couple of days off. They tell me it's because I have made my commission and exceeded my "salary pay" for the month but I do not think it's right.

I currently have 100 hours of both sick and vacation time accrued. I rarely take time off and if I do it's a day or two at a time. They get annoyed when I request time for short personal appointments during the day. I could understand if I have used my time up, but it is continuously accrued because of the pay structure.

Is it legal for them to not pay out my vacation time when I have taken time off because I made too much commission? I am losing money when I am not here and available for new leads, etc.

I work in deathcare (cemetery sales/pre-need) and I’m dealing with the worst burnout I’ve had in 4 years. I love serving families, which is why this is hitting so hard.

At my current funeral home, we use a “two-up” system where sales staff are required to attend every arrangement (including direct cremations, ship-outs, etc.) even when the family has explicitly stated they have no interest in cemetery. We’re expected to follow a script and be present in the room, which often feels unnecessary and honestly uncomfortable given the situation.

I’m also commission-only, but expected to work a strict 8:30–5 schedule with very little flexibility. If we don’t hit commission, they’ll supplement to minimum wage—but if that happens too often, you’re at risk of being fired. So it feels like pressure to always be “on” without real security. Also, because of our pay system, we rack up tons of vacation and sick time we are unable to use.

On top of that:

• No real breaks during full days of arrangements, or normal days at the cemetery office. I feel like I can't even use the bathroom because I could miss a PN call that comes in, since them having to be called back is unacceptable. It just goes to the next person.
• Expected to stay and make sales calls after emotionally draining days. Recently they made us have a "Fun Saturday!" in which we had a contest of who could make the most calls in an hour, after an already stressful week.
• Limited ability to schedule pre-need appointments due to arrangement workload so I am often here after work and every weekend just so I don't have continuous back to back meetings every day.
• Extra admin work (I also design markers, which I love, but it adds a lot) We have a dedicated marker designer who is not on the sales staff here. My stipulation upon hiring was allowing me to do markers still because I love it so much. At my previous firm, sales staff did the markers and we had a dedicated marker admin. On top of everything else, it is a lot to keep up with.
• Very little flexibility for time off despite being commission-based

At my previous funeral home, I also worked a lot, but I had flexibility and autonomy. Here, I feel micromanaged and constantly stretched thin.

What’s confusing is that my personal sales numbers are strong, even though I am a rebel and I don’t push in arrangements unless it’s appropriate. That seems to contradict the whole system they’re enforcing.

I’m starting to feel burnt out to the point where I’m losing passion for something I care deeply about. I work 8-9 hour days for sometimes weeks on end. I'm lucky if I get a lunch a couple of those days.

My own grandmother who I was very close with passed a few months ago. I don't have a lot of family. I found out at work and spent the day crying at my desk because I was told I couldn't leave since I had called out from being sick a week before. I was told to just "look busy" for my manager's boss. I was only allowed to go home early that day because I got our employee handbook out and asked why the one day bereavement policy didn't extend to the sales staff.

Our funeral directors are given days off when they work their weekends, that same grace does not extend to us. If anything they are flabbergasted at the thought that someone might not want to work 14 days in a row.

What pushed me to post is that leadership is now presenting this system as “highly effective.” at a conference. In my experience, it only makes sense when a family actually needs cemetery support—not for every single arrangement. Being present hasn’t meaningfully changed outcomes for me; my follow-up approach works just as well without forcing it in the room..

For others in deathcare:

• Is this kind of system normal where you are? From my knowledge from working at a previous firm it is something that is unique..
• How do you balance pre-need work with arrangement responsibilities without burning out?
• How would you feel as a funeral director having to involve another person from the cemetery in all of your appointments even when they are not needed?

It's hard to always pour from an empty cup. My hobbies and chores at home have fallen to the way side, I've been drinking more to cope.

I can’t tell if I’m failing to be a team player, or if this system genuinely isn’t sustainable.