Legal Question in Employment Law in Florida

Commissioned employee, I work at a day spa and I am a commissioned employee with no hourly wage. Is it unlawful for the company I work for to purchase product, sell it, (with a profit) and give that client a free service with me, if I am not making any commission off of the product or for the service?


Asked on 12/03/09, 12:50 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It depends upon your agreement with the salon. It sounds like you are an independent contractor, so the normal "employee" rules do not apply. The short answer is that 'no' it is not illegal, and they do not have to compensate you for "free-bees". If you don't like the arrangement, and you have no contract which either allows/disallows this, then you will either have to say something to the salon owner or move on.

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Answered on 12/08/09, 5:41 am


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