I am an commissioned employee i have never been paid for training time on the clock is this legal

5 views 3 answers
I am an exterminator I am frequently as to work with no compensation, IE travel distances to do tasks which I am not paid for and weekly training over an hour drive I,m also not paid for, is this legal it is company wide pratice ?

Attorney Answers

3
Robert P GarvenAppeals LawyerCoral Springs, FL ·
Is there a written contract? If so, what does it provide? If not, what was your oral agreement with the company as to these matters?
0 upvotes
Darrel Jackson ·
Total up your work hours for a week, including time in training and traveling between jobs. Do not included traveling between your home and work. Take your total compensation for the week and divide it by your work hours to get your "hourly rate." If your hourly rate is at least $7.93 (the Florida minimum wage), then your employer has paid you enough. Overtime is another matter. If you work hours are greater than 40 in a given workweek, then your employer likely should be paying overtime to you. If you are working more than 40 hours, then I would encourage you to consult in person to get a careful evaluation. Good luck.
0 upvotes
Richard Elie ·
You should really sit down in a face-to-face consultation with an employment lawyer in your neck of the woods. There are plenty of them in Florida and available on . You should do this because almost every employment law case involves attorney's fees to be paid by your employer if you prevail, so a lawyer will usually not ask for a retainer fee from you. The Fair Labor Standards Act is a complicated law that ensures that workers are paid fair wages for time spent, and if they work one second overtime, they are entitled to overtime payments. Provided they qualify under the FLSA. Commissioned employees, independent contractors, managers, and salaried employees may be excepted from the statute. You say you're an exterminator paid on commissions. How is that possible? If you are selling jobs, fine, but here you're going out selling and then working the jobs? Or is this outside sales? Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for outside sales employees. Generally outside sales employees must meet certain tests regarding their job duties and be paid on a salary basis of not less than $455 per week. To qualify for the outside sales employee exemption, your employer has to prove that your primary duties are making sales or obtaining orders or contracts for services or for the use of facilities for which money will be paid by the client or customer; and you customarily and regularly engage your work away from your employer’s office, store, warehouse or place of business. Seems to me your employer is getting a great deal of work, wear and tear on your car, gas, and sweat and you think you're not earning enough. Fair enough. However outside sales and commission sales are tough creatures. Why pay someone a set salary if they don't perform? Also, you can deduct your mileage and road expenses which will offset your earnings on your taxes. Something your employer won't be able to do. Its a tough call, but since you live in Florida the minimum wage is about 8 bucks an hour. If you make less than $320 weekly for a 40 hour week its time to talk to an Employment lawyer.
0 upvotes