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Overtime/Comp time for salaried in FL

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  • Overtime/Comp time for salaried in FL

    I work for a vending service in Florida. I am a salary employee working 75+ hours a week. Am I entitled overtime or comp time. I signed no contract as to how many hours my salary is based on. The hours are driving me mad, but the job itself isnt that bad. Please help!!!! Thank you

  • #2
    Salaried Employee

    Whether you are exempt or non-exempt depends on the work that you perform and whether you are considered an employee or an independent contractor. Many vending machine companies have persons classified as independent contractor servicing their machines. In many cases, compensation is based on a percentage of the proceeds.

    If you are primarily a driver, refilling the machines, you are probably a non-exempt employee and eligible for overtime. However, if you have responsibilities such as working with the customer, taking orders and making recommendations for products and you have the ability to make decisions such as committing to certain products, etc., then you may be exempt and, therefore, not eligible for overtime.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      salaried employee

      I know I am not considered an independent contractor. As far as the other things, the only time I deal with the customers is if they request a certain item in the machine, or need their refunds. As far as taking orders, I do take orders as to what the machine needs to be filled, then go to my truck and pull the product. I do not get commission although they are talking about offering a base plus commission. They get upset if we happen to finish one day in 10 hours but say nothing when we work 16. I tried to look up the laws myself, but it was hard to find the ones pertaining to my situation.
      Last edited by jd33813; 02-19-2005, 04:11 AM.

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      • #4
        Vending Machine

        The only exemption status within which your position may fit is Outside Salesperson. The DOL fact sheet on outside salespersons is found at the following link: http://www.dol.gov/esa/regs/complian...tsidesales.htm

        It does sound that perhaps you don't meet the qualification of "making sales". However, you are the best person to make the determination. If you believe that you should not be classified as an outside sales person and, therefore, you are owed overtime, you should contact the US Department of Labor Wage and Hour Division. Their contact information may be found on the link.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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