Legal Question in Business Law in Florida

As commissions only paid air conditioner salesman, can my employer require me to dispatch service techs after hours for no compensation.


Asked on 10/24/11, 3:48 pm

1 Answer from Attorneys

Michael Sasso M. Daniel Sasso

Part to fhis response is to Florida employment and part to Federal Law. It is confusing as to whether by "Boss" you mean a private independent contractor agreement with him/her, or if you and your own employs are "wage & hour" employees of him/her. The Labor laws of your state would more than likely give you the answer, as well as the "Fair Labor Standards Act" which you could browse to see if you and your employs fit their definition of who is covered and who is not and what the hours per week that count for regular time vs overtime pay at 1 1/2 times.

The Federal act at: 29 U.S.C. Section 201- 219 (1999) covers minimum wages, equal pay, overtime, and child labor standards. AS long as the employer pays his workers at least the miniumum wage, plus time and a half the worker's regular rate of pay for ALL hours in excess of 40 hours per week, and keeps all relevant records to substantiate the pay there is no FLSA violation. Note that a work week is a severn-day period consisting of 168 consecutive hours that may commence at any particular date and time. All hours worked in excess of 40 hours during the next 168 consecutive hours (until midnight the following Sunday must be compensated at time and a half!

Therefore, make contact with your Federal. and State Labor department, they may have an office in your immediate city/county. Note this may not apply to certain "professional type" contracted labor or normal executives!

Hope this helps.

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Answered on 10/25/11, 6:59 am


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