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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am a commission only designer/sales person in Tampa FL. we

Customer Question

I am a commission only designer/sales person in Tampa FL. we obtain leads from corporate and visit our customers' homes to design for them and sell our products. one day a week we are required to be in the showroom from 9:30 to 5:30 to assist walk in customers.
We are not paid to do this. But anyone who walks in who is a viable customer becomes our lead and we are paid a higher commission for these leads. is it legal to require us to be in the showroom without some kind of regular compensation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

Is it legal to require us to be in the showroom without some kind of regular compensation? Interesting question. The FLSA requires that a minimum wage be paid, even in the context of commission only employees, if the employee is required to work specified hours.

As an example, if you are working 40 hours per week and the minimum wage is $7.25, then at a minimum, you should be paid $290 for the week. If your commissions for the week were $200, then your employer owes you the difference of $90. If your commissions exceed minimum wage, then the employer owes you nothing but the commissions that you have earned.

So, it is legal to require you to be there without regular compensation, however the employer owes you at least minimum wage for the work period that you are required to work.

Let me know if you have any other questions or comments.

Please also rate my answer positively as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in on you to see if you had any additional questions. I want to make sure you are as comfortable as possible with these issues moving forward. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

Just checking with you one last time. Not trying to be a bother...just want to make sure you are satisfied.