|
Orlando,
Florida Overtime Lawyer / Attorney
I am paid on
straight commission. Even though I work over 40
hours per week, my employer does not pay
time-and-a-half for work over 40 hours. Am I
entitled to more compensation?
(Back to Questions)
In determining for purposes of section 7(i)
whether more than half of an employee's
compensation ``represents commissions on goods
or services'' it is necessary first to total all
compensation paid to or on behalf of the
employee as remuneration for his employment
during the period. All such compensation in
whatever form or by whatever method paid should
be included, whether calculated on a time,
piece, incentive or other basis, and amounts
representing any board, lodging or other
facilities furnished should be included in
addition to cash payments, to the extent
required by section 3(m) of the Act and part 531
of this chapter.
Payments excludable from the employee's
``regular rate'' under section 7(e) may be
excluded from this computation if, but only if,
they are payments of a kind not made as
compensation for his employment during the
period. (See part 778 of this chapter.) (b) In
computing the employee's total compensation for
the representative period it will in many
instances become clear whether more than half of
it represents commissions. Where this is not
clear, it will be necessary to identify and
total all portions of the compensation which
represent commissions on the goods or services
that the retail or service establishment sells.
In determining what compensation ``represents
commissions on goods or services'' it is clear
that any portion of the compensation paid, as a
weekly, biweekly, semimonthly, monthly, or other
periodic salary, or as an hourly or daily rate
of pay, does not ``represent commissions'' paid
to the employee.
On the other hand, it is equally clear that an
employee paid entirely by commissions on the
goods or services which the retail or service
establishment sells will, in any representative
period which may be chosen, satisfy the
requirement that more than half of his
compensation represents commissions. The same
will be true of an employee receiving both
salary and commission payments whose commissions
always exceed the salary. If, on the other hand,
the commissions paid to an employee receiving a
salary are always a minor part of his total
compensation it is clear that he will not
qualify for the exemption provided by section
7(i).
(Back to Questions)
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464 or email
us by utilizing our confidential
submission form.
The
hiring of a lawyer is an important decision that should not
be based solely on advertisements. Before you decide on the
hiring of a lawyer, you should learn about the lawyer's qualifications
and experience. |
