Is it legal if my employer won’t show me how much commission I’m making?
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Is it legal if my employer won’t show me how much commission I’m making?
I work 43 hours a week a receptionist, sometimes I’m required to work off days, but I only make $1200 a month commission and they won’t show me how much I’m making. I only get to see the total on paystub at the end of month, $1200/172 hours $6.97 per hour. Also, 12 of those hours should be overtime or am I seeing this wrong? I suspect there are laws about tracking commission, just to double check that the person doing payroll. I have no idea since they won’t tell me; they just say that I don’t need to know. Now I’ll never know if I’m being cheated.
Asked on October 26, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, you are being cheated:
1) You must earn base pay of at least $7.25 per hour; and
2) You must be paid overtime for all hours over 40 in a week (so, say, 3 hours per week).
That's the law--your employer has no say in it. You should contact your state or the federal department(s) of labor to file a complaint--the agency should investigate for you. If they don't, you could sue your employer and, in the course of the suit, use the legal process of "discovery" to get the information you need.
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