Commission based employee

Question regarding payment legality for the company I work for. At said company, we have a guaranteed pay system. So what that means is we are either paid out commission OR our hourly base rate, whichever one is higher (base pay is minimum wage). However, if our base pay is less than our commission, we have to pay back the difference next time we have a higher commission based check. ( so if you get paid your base pay, say $400 dollars, and then your next check is $650 from commission, they auto deduct that 200 dollars from your check, putting you just barely back over the base pay) I know laws are different around commission based employees, but I wanted to know if this was even legal. If nothing else it seems really unethical.Sorry if this is worded weird, it's sort of hard to explain via /r/personalfinance http://ift.tt/2suIRBk