Legal Question in Employment Law in Florida

No Pay For The Month

Currently, I am paid a salary by my employer. I am required to be in the office M-F from 7AM - 5PM. Begining October 1st, all sales people are being taken off salary and will work by commision only. We are required to work the same hours as we do now. Commisions will be paid the following month. Basically, no pay in October. Trouble is, we are given a required level of sales we have to get in order to get the commision. If we do not reach that level, we get no commision for that month. When I say nothing, I mean NOTHING, NADA, ZERO. Basically, this means I am working for free because I do not get a draw or gaurantee. Is this legal? Can they make me go the entire month of October with no pay, and receive no compensation until the middle of November? In addition, if I fail to reach this required level of sales to even get a commision, can they legally not pay one cent for that month? I am an employee. I am not a sub contractor nor do I have a signed temporary contract. I have been employed by this company for over 5 years now.


Asked on 8/23/06, 12:43 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: No Pay For The Month

The Answer to your question depends on the type of work you do and other factors, but as a general rule, federal and state law requires your employer to pay at least the minmum wage for all hours worked. Please contact a lawyer for specifical legal advice and feel free to follow up with us for further assistance.

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Answered on 8/23/06, 2:37 pm


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