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Commission Only, no pay for sales on days absent if no PTO accrued Florida

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  • Commission Only, no pay for sales on days absent if no PTO accrued Florida

    When I first entered the company I was getting paid hourly plus commission then they changed it, we did not sign anything. I am getting paid $15/hr for each sale. They only problem is the sale is not always final that same day you worked it, it could possibly take months for you to get that paid out but the company is very fair in paying it. The problem lies here. We do accrue PTO time and we only get paid the PTO when you are using it and your sales for the day equals less than $12/hr. They told us that if we did not have PTO time and we were out that day, the sales that go through that day do not get paid. Is this legal? I have to leave out of the country for a week, and I roughly make 60+ sales a week , remember I already worked for these sales..... Shouldn't I get paid for them if I plan on coming back to work?

  • #2
    That's probably legal. A very few states have some strict laws about what is considered "earned" when it comes to commissions, but neither federal nor Florida law has any such law.

    Therefore, such a pay policy that requires you be using PTO time when off on a day that a sale closes, to get the commission on that sale, would likely be legal.
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    • #3
      Inside Sales or Outside Sales? If you are talking about Inside Sales, then you must be paid at least minimum wage (on a workweek basis) for actual hours worked. That is federal rules (FLSA). Now the feds do not care even a little bit about your PTO or your commissions. FL is not my state, but FL does not have a reputation for caring much about employees.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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