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Hourly employee forced to comission position Georgia Florida

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  • Hourly employee forced to comission position Georgia Florida


    My daughter is 22 and started working with this company Feb. 2, 2009. When she started the job, she was told that she would be making a base salary of $8.00 an hour with commissions. They gave her a tier on the commissions and what the rate would be if that tier was met. Her first week, she did 4 "deals" and received her hourly pay plus her commission for the 4 deals which is $1.00 more an hour.

    The week of Feb. 9, she only did 1 "deal" and received her hourly pay with no commission. You need atleast 3 deals to start the tier for commissions.

    So far this week, she has had 1 "deal". Today, her supervisor called her into the conference office and told her "that because she went to the bathroom twice and she only made 1 deal last week, he is not paying her to be off the phone. I don't want to fire you because I like you and you are from Boston and I don't want to fire you over something stupid so we are putting you into a commissions position." He made her sign papers stating that she is aware of the commission position and that she has a "quota" to meet weekly. They told her that she has the rest of this week and next week to "knock it out of the ball park or she is fired."

    Also, on Feb. 13, 2009, her and the other employees were notified that they have to work every other Saturday starting on February 14, 2009. They were then told that when they work on Saturdays, they do not get an hourly pay, they work stricktly on a commission basis, and if they make any deals on Saturday they would receive cash in hand for the day. My daughter did not make any "deals" on Saturday, so she basically worked from 10 to 4 for nothing.

    Is any of this legal? I know Florida has alot of crazy rules that are in the favor of the employeer but this does not seem right or legal.
    Last edited by Rosesayz; 02-18-2009, 04:03 PM. Reason: Wrong state, correct state is Florida not Georgia

  • #2
    Nonexempt employees must be paid for all time worked. That includes sitting waiting for a phone call. Is this such an environment or does she make cold calls one after another. OSHA provides that the employee be given a "reasonable time" to use the restroom.

    Federal law requires that any break of less than 20 minutes be paid.

    With inside sales, "commission only" is allowed only to the extent that minimum wage is met and overtime is paid when necessary. If her commissions for the week do not reach that threshhold, she can file a claim with the federal DOL for unpaid wages/overtime. Or a small claims suit in the Florida courts, since Florida minimum wage is higher than federal MW.

    She can, however, be legally fired if she does not "hit it out of the ball park" this week, even if the quotas are unreasonable.
    Last edited by Pattymd; 02-18-2009, 04:42 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Do they have the right to take her from a hourly position and force her into a commission position? What about making them work on Saturdays and only get paid if they make a deal?


      • #4
        Yes, short of an employment contract, the change is legal, with the caveats I stated.

        Regarding pay, read what I posted again.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          They may require her to work any hours they want, any days they want. There is no prohibition against working Saturdays.

          They may change her compensation to one that is commission based as long as they follow the rules Patty provided.

          The same would be true in any of the 50 states. About three states would require that she receive a certain amount of written notice, (none of them Florida) but that's about the only restriction.

          The above assumes that she does not have a bona fide, legally binding contract that specifically says otherwise.
          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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