The Fair Labor Standards Act (FLSA) is in charge of overseeing the implementation of the Florida labor laws for a commission salesperson. Florida has its wage laws.
However, there are various overtime pay standards for sales persons as per the FLSA.
Are All Sales Persons Eligible For Overtime?
The answer is No! Salespersons are divided into two categories according to the Florida Labor laws for a commission salesperson.
Outside Sales Person
Some commission sales persons are exempt from overtime pay laws. If you are a commissioned outside salesperson, you are not included in the FLSA laws, including overtime pay and minimum wage.
The Florida labor laws for a commission salesperson categorize all who work outside the employer’s premises whether you conduct your sales to people at their homes, streets, or any other place.
According to the FLSA, an outside salesperson is only eligible for minimum wage and overtime pay if they work less than 40 hours a week.
Inside Sales Person
An inside salesperson is employed by a retail store or any other entity to work within their designated business premises.
However, if you are an inside salesperson, you are exempt from overtime pay requirements. However, according to the Florida Labor laws for a commission salesperson, you are still eligible to receive minimum wage.
You are exempt from overtime pay if:
- your wage plus commissions add up to over one and a half of the minimum wage.
- Commissions are more than half of your gross income from sales.
Who Is Eligible For Overtime Pay?
It is simple; if you are not exempt from overtime pay requirements provided by the Florida labor laws for a commission salesperson, then you are eligible for minimum wage and overtime pay only if you work for more than 40 hours in a week
What To Do If You Do Not Receive Your Overtime Pay?
First, you have to consult a Florida overtime lawyer to determine whether you are eligible for the pay. A lawyer is quite knowledgeable in the matters of law; therefore, with their assistance, you can know your next step.
If a Florida unpaid overtime attorney & wage lawyer determines through going over your contract and terms of employment that you are indeed eligible for minimum wage and overtime pay, you can go on to file claims depending on your situation.
Hiring an unpaid overtime attorney in FL helps you receive the right compensation. If you are eligible for minimum wage and no overtime pay, or vice versa, your lawyer ensures that you file the right claim.
What About Commissions?
If you are a commission sales person, you can neither file for unpaid wages nor overtime. An overtime wage case lawyer in Miami Dade County can help you file a breach of contract claim to get compensation.
This is why ensuring that you have a contract before starting your sales job is important.
If you want to work with someone knowledgeable about Florida mandatory overtime laws, our lawyer in Broward County can help. Call us today to work with Mark J. Berkowitz P. A., the best when it comes to Florida labor laws for a commission salesperson.