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draw vs. commission Florida

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  • draw vs. commission Florida

    If I am working for an employer and I recieve a draw of $250 per week against commission; so in a 4 week month I draw $1000.00, but only earn $800 in commission, and the next month I draw $1000.00 , but earn $1200 in commission, can the employer deduct the 200 I was short last month?

  • #2
    I take it you're in sales. Inside sales or outside sales?
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    • #3
      inside sales

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      • #4
        I sell storage buildings

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        • #5
          yes- they can continue to deduct. it is not a monthly thing- it carries over

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          • #6
            Not exactly. Inside salespersons are, by the nature of the job, nonexempt. Therefore, you must receive at least minimum wage for all hours worked and the employer cannot require you "pay back" what is minimally required by law at a later date.

            Does the employer specify in which workweek commissions were actually earned?

            BTW, the standard for inside salespersons is an hourly rate plus commissions, exactly because of the minimum wage requirement. A draw against commissions is the standard for outside (exempt) salespersons.
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            • #7
              i was under the assumption from the post that the OP was receiving at least minimum wage because of the fact that they were getting paid, but commissions were accruing as they weren't as much as minimum wage. I have done payroll for the automobile business for the past 14 years in 5 different dealerships and every one worked the same. you are commission only. you get paid each pay period based on the hours you worked- at minimum wage. If your commission for that time period were more than min, you got paid that. if they were less, you got the min. then, the min went against the comm and the next pay period you compared the numbers again.
              week 1 250 in comm but min hours was 300 get paid 300
              week 2 250 from week 1 - 300 pd week 1 + 100 comm earned week 2. - comm would be 50.00 min hours pay 250
              week 3 250 from week 1 - 300 week 1 draw + 100 week 2 - 250 week 2 draw + 400 week 3 com = 200. week 3 hours equal 150 in min wage. comm of 200 is more than 150 min wage draw, so the 200 is paid and salesperson starts at 0 again.
              make any sense? I have seen salesppl go for 2-3 months getting nothing but a min draw and having a comm bal of -2000 they then have a good month of 3000 or so, get a 1000 in pay and start clean.

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              • #8
                Originally posted by milspecgirl View Post
                i was under the assumption from the post that the OP was receiving at least minimum wage because of the fact that they were getting paid, but commissions were accruing as they weren't as much as minimum wage. I have done payroll for the automobile business for the past 14 years in 5 different dealerships and every one worked the same. you are commission only. you get paid each pay period based on the hours you worked- at minimum wage. If your commission for that time period were more than min, you got paid that. if they were less, you got the min. then, the min went against the comm and the next pay period you compared the numbers again.
                week 1 250 in comm but min hours was 300 get paid 300
                week 2 250 from week 1 - 300 pd week 1 + 100 comm earned week 2. - comm would be 50.00 min hours pay 250
                week 3 250 from week 1 - 300 week 1 draw + 100 week 2 - 250 week 2 draw + 400 week 3 com = 200. week 3 hours equal 150 in min wage. comm of 200 is more than 150 min wage draw, so the 200 is paid and salesperson starts at 0 again.
                make any sense? I have seen salesppl go for 2-3 months getting nothing but a min draw and having a comm bal of -2000 they then have a good month of 3000 or so, get a 1000 in pay and start clean.
                I'm not sure we know enough to say. But in most cases, employees who are paid a draw against commission don't get paid an hourly rate.

                OP, DO you get paid an hourly rate?
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                • #9
                  no, I get a 250 per week draw against commission. So if I work a month and do not sell anything, (or at least not enough to cover my draw) am I in the hole. So it is like this;
                  Week 1 through 4 I draw $1000.00, and only make $800 in commission, (say that is February) then in March I sell enough to make 1500 in commission; at that point do I only get 1300 so I can pay back the deficit?

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                  • #10
                    Here's the hinge

                    Originally posted by tel56 View Post
                    If I am working for an employer and I recieve a draw of $250 per week against commission; so in a 4 week month I draw $1000.00, but only earn $800 in commission, and the next month I draw $1000.00 , but earn $1200 in commission, can the employer deduct the 200 I was short last month?
                    I would think since you express it as a draw AGAINST commision, that you have a sales contract which states it that way?
                    Do you have a CONTRACT or are you woking from word of mouth?
                    What is veiwed is not always what is seen and
                    what is heard is not always what is spoken!
                    ~M. Noitall~

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                    • #11
                      you would get the 1300. it does not start over every month. it carries over unless you have a contract that says otherwise or it would put you under what you would make hourly at min wage

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                      • #12
                        I would pose this question to the federal Dept. of Labor. I'm pretty sure that the employer cannot recover a draw that only covers minimum wage; only the excess can be recovered, I think. Anything else would be having to pay back the part of the draw that was required to be paid by law anyway. Of course, I could be way off base here, so please let us know what the DOL says.
                        1-866-4-USWAGE.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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