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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11672
Experience:  Significant experience in all areas of employment law.
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I am a Fitness Manager 3rd party company that is contracted

Customer Question

I am a Fitness Manager for a 3rd party company that is contracted by Anytime Fitness to do Personal training. I am currently paid $20 an hour for personal training sessions, 4% commission on collected revenue, and 1% written revenue. However my base salary is only $600 a month and I am NOT paid hourly. Is this legal in accordance with FLSA regulation?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you are properly calculated as an independent contractor (see here), then you are not covered by the FLSA or any state labor laws and your employer has no obligation to pay minimum wage or overtime. If, on the other hand, you are misclassified as a contractor and you can demonstrate that you should be an employee, then these obligations do apply. Your employer, in that case, would be in violation of the law if the total compensation you receive each pay period is less than minimum wage plus any applicable overtime for all hours worked.

Based on what you are describing, unless you are performing a lot of work in addition to your training sessions for which you are receiving no compensation, it is unlikely that your employer is failing to comply with minimum wage and overtime law. And again, this assumes that you are misclassified as a contractor. If you are properly classified as a contractor, then this analysis is irrelevant because overtime and minimum wage laws don't apply to you.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 7 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.