Legal Question in Employment Law in Florida

Wages deducted from commission earned

I work for an employer who requires an employee to work a min. of 85 hours in a two week cycle. For this they pay $8.58 an hr. with a mandatory 1 hr for lunch(unpaid) totaling 95 hours in two weeks. If in those two weeks your commissions do not cover your two week draw (hours paid), can the company deduct from your next two weeks commissions if substantially higher than draw to pay back what did not clear the draw in the previous weeks, even though you are paid per hour? I mean you did put in the hours. I feel like that's free labor for the previous two weeks. ex.= I had a coworker who had absolutely no sales in a two week cycle and was paid about $745, then had a sale in the following two weeks of about $1200 and was paid a check of about $455.00 Is this legal?


Asked on 9/27/07, 12:35 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Wages deducted from commission earned

The answer to your question depends on a number of factors including what type of work you are performing, in what industry, etc. You may be entitled to compensation, such as overtime compensation, for the hours you've already worked, so consult with an attorney with the specifics of your situation to ensure you learn what rights you may have.

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Answered on 9/27/07, 9:55 am


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