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Work without pay? Florida

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  • Work without pay? Florida


    I'm a Dental Hygienist practicing in the state of Florida. My pay has changed from Salary to a 100% commision only, meaning I get paid a certain percentage of my overall monthly production based on procedures. ( Simply put if I'm not working in a pt's mouth , I "produce 0" and get paid 0).

    I understand all the laws involving getting paid at least hourly wage and overtime counting against the commision. I always exceed that rule anyway. However, I have a question in regard of being asked (forced?) to work with no pay.

    i.e: Today my schedule totally feel apart in that every scheduled pateint called to cancel. So no pateints scheduled to work on. I told my office manager that because I had 0 scheduled production meaning 0% compensation for that day I would not come in. My office manager told me I would still be required to show for work since I was "scheduled" to work to and I could help out with the Dentist (cleaning up, working on papers etc..etc). The argument became a little heated since I wasn't so convinced that I was required to work when it was pretty clear that I had no chance of "producing" any kind of % going towards compensation.

    There are days when I have nobody scheduled early in the morning or late in the afternoon and I was told I could NOT leave early or come in late.

    I am curious what the official Law has to say about this situation. Do I have to come in and work when it is absolutely clear that there will no chance of producing any kind of revenue?

    The same for mandotary meetings. I have to clear my schedule (again no production, no pay) and was told that no additional pay/compensation would be made to off set the loss of productive time, that it was "figured" in the commision base pay. There is NO commision base pay, no draw, simply 30% of what was produced at the end of the month.
    Which by the way I have no whatsoever resource to follow, all I get at the end of the month is a print out with basically 2 numbers: total production - all the "deduction" (no clue what those are, they are not itemized) applied to that number= adjusted gross revenue X 30%= commision payable.

    I.E: Initial gross production for the month $15,000 - $5,000 deduction/adjustments = $10,000 adjusted gross revenue X 30% = $3,000 commision payable.

    Anyway, not to get off the initial question: Do I have to work for 0 pay????

  • #2
    According to federal law, as well as in Florida (which basically HAS no law regarding this issue), as long as your average pay for all hours worked (including non-revenue-producing hours) is at least minimum wage, the law has been complied with.

    If the employer wants you to come in and do non-revenue-producing work, they are within their legal rights to require you to do so.

    Do you ever work over 40 hours in a workweek (all duties, including office work and meetings)?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      yes I have worked more than 40 hrs and was paid overtime at my "regular" rate.... no issues there...

      So that's it for going to College to advance and to get ahead.....basically they can make me come in and clean toilets if they want me to even if that isn't in my job description as long as my total hours worked equal at least minimum wage.....not that I haven't done that before.. it isn't a mattter of me being too good or above doing what needs to be's a matter of simple common sense but apparently there is no such thing as far as the law is concerned..

      Good grief.. who makes those laws?!?!

      Time to find a new job.......

      Thank you for taking the time to reply


      • #4
        It's not who makes the laws, it's the fact that there IS no law requiring what you want. The only state I know of that does not accept the "average wage" when a nonexempt employee's compensation is based on something than an hourly rate is California, and that's because there IS such a law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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