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Anybody familiar with the FL wage/labor laws? RE: Commissioned sales people

Posted by on Feb. 8, 2013 at 10:04 AM
  • 6 Replies
I've tried looking this up myself but it's hard to figure out! Here is my situation:

I am a commissioned sales person. My pay is based on a draw vs commission plan. I work for a small company of only about 10 employees. I have been employed with them since Jan 2011. In April I found out I was pregnant. Once my 2nd trimester hit I asked the owner about maternity leave to which he said it was not offered. I told him I was pregnant and he said we'd deal with it when the time came. He asked when I would take off and I told him not til the baby is born. FF to last month. My son was born via c-section (planned) Jan 16th. I worked up until the day before, like I said I would. Actually, I never stopped working...I was answering emails and helping people with orders the day I had him. Jan 31st the owner calls me. He wants to know when I will be able to drive f/t again (bc going to see my clients is a part of what I do). I explain my dr said I can't drive THAT much until Feb 27th (6w pp). He says he thought I'd only be "out" 2 weeks. I told him I am not "out", I am working from home...very diligently actually. He says he is going to cut my commission in half for Feb bc I "can't work as much as I'm supposed to". Whatever...

2 days ago he sends an email to all sales people saying he is going to start deducting invoices over 90 days old from commissions. I assume that starts in Feb so I add A/R to my growing list of duties. I got my commission report from Jan yesterday and he deducted $600 from my Jan commission, leaving me negative by almost $300. I emailed him back saying I thought it didn't start til Feb and he wrote back a snarky response about how if I don't want the accounts he will give them to someone else. Now that negative balance will carry over to my already cut in half Feb so I will be even more in the hole come March. I'm so pissed right now! It's like he wants me to quit (which I'm looking into another company but I'm going to add ds to my insurance first so they pay his hospital bills...)

Sorry this is so long but is there anything I can do?? This can't be legal! Can employers just decided at the last minute to cut pay and not even tell the employee about it? I know the laws are different bc I'm commission only. HELP! Bump if you don't know please :)
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by on Feb. 8, 2013 at 10:04 AM
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Replies (1-6):
bebe_ju-rah
by on Feb. 8, 2013 at 12:12 PM
Bump!
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Spoiled_Blonde
by Member on Feb. 8, 2013 at 12:35 PM

How can he cut your commission if you are actually working? You wouldn't have any commission if you stopped working. I don't know the laws but that doesn't sound legal. It sounds like he is "forcing" you to work for free.. If he isn't paying you for what you've already done.. Or am I reading that wrong?


bebe_ju-rah
by on Feb. 8, 2013 at 12:40 PM
Nope, that's right. I get commission based on items my clients buy from us. The clients are still buying and I am still helping them the same as I always did but now am only getting 1/2 of what I should.

Quoting Spoiled_Blonde:

How can he cut your commission if you are actually working? You wouldn't have any commission if you stopped working. I don't know the laws but that doesn't sound legal. It sounds like he is "forcing" you to work for free.. If he isn't paying you for what you've already done.. Or am I reading that wrong?


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Spoiled_Blonde
by Member on Feb. 8, 2013 at 3:13 PM

I would go to like the labor board.. Like here in Oregon it's called the State of Oregon: Bureau of Labor and Industries.. Other then that I don't know what to tell you. Good luck =)

Quoting bebe_ju-rah:

Nope, that's right. I get commission based on items my clients buy from us. The clients are still buying and I am still helping them the same as I always did but now am only getting 1/2 of what I should.

Quoting Spoiled_Blonde:

How can he cut your commission if you are actually working? You wouldn't have any commission if you stopped working. I don't know the laws but that doesn't sound legal. It sounds like he is "forcing" you to work for free.. If he isn't paying you for what you've already done.. Or am I reading that wrong?



coolmommy2x
by Ruby Member on Feb. 8, 2013 at 4:04 PM
If FL is at "at will" state, you can be fired for pretty much any reason the boss has.

If the company is that small, since they're only paying on what's invoiced, it could be a cash flow issue. DH is paid base plua commission and his commission on what is invoiced. He works very hard to make sure his invoices are paid on time. His boss loves him because he always has the lowest %age (and dollar amount) of unpaid invoices out of everyone.

I would calmly talk to your boss (and document it). If he doesn't give you a satisfactory answer, then go to the labor board.
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WebCat
by on Feb. 8, 2013 at 7:48 PM

I don't think he can change your pay plan. Check out the Federal law for Pregnancy Discrimination and Temporary Disability

http://www.eeoc.gov/laws/types/pregnancy.cfm

I believe the law applies to companies with over 50 employees but its something you might want to look into. 


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