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  • Salary Questions/Florida

    currently i have been a salary employee since i have started employment at my job, for over 1 year. Iam currently actively looking for a new job, and iam scared that if i put my two weeks in that the employers will take vindication and take me off salary out of spite, and put me on hourly. Are there any laws protecting me from this treatment, or would it just be better if i dont put any notice in and quit?

    Also, i have actively been putting in more than 40+ hours per week, i was told by my employer that since i am a salary+commission job that i am not entitled over time, i have never agreed nor signed anything stating that i agree to no over time pay. I am a cell phone sales rep, and i have sometimes put in 50+ hours a week.

    Any response or tips would be greatly appreciated!

  • #2
    "Salaried" is merely a pay method. Since you are inside sales in a retail establishment, there is an exception to the overtime requirements IF your commission is at least half your compensation for a representative period AND the "regular rate of pay" for the workweek is at least 1.5 times the federal minimum wage and the other criteria is met. This whole section 779 discusses the retail establishment exception.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR779.412.htm

    Florida law does not require accrued vacation be paid out at termination.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      no, i was not talking about vacation pay, i mean say i hypothetically i make 400.00 per week salary, and i were to put my two weeks notice in then all of the sudden they say they can no longer afford to pay me salary and put my on at $10.00 an hour and work me 20 hours a week, would that be illegal?

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      • #4
        It is ALWAYS legal to pay an employee on an hourly basis. The reverse is not true. No, there are no laws prohibiting an employer from changing you to hourly.

        For the record, salaried is only a pay method and means nothing in and of itself. What matters is whether you are exempt or non-exempt. There are exceptions in both directions, but for the most part, what most people think of as salaried is exempt, and what most people think of as hourly is non-exempt.

        Neither you nor the employer gets to have it both ways. If you are exempt, then there are no circumstances whatsoever under which you are legally entitled to overtime, regardless of whether you signed anything saying you agreed to no overtime or not. On the otherhand, if you are non-exempt, then your employer MUST pay you overtime any time you work over 40 hours a week.

        So you might want to reconsider whether you want to hold fast to that "salaried" status or not.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          i am non-exempt.

          What about the previous posters link to that expalaining that if my commissions plus salary = one and half times the state minimum wage then i am not entitled over time?
          Last edited by curtis3238; 05-23-2009, 03:26 PM.

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          • #6
            Remember I told you there were exceptions?

            She knows far more about the rules where commissions are concerned than I do. If she says that you're not entitled to overtime, then you're not.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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