Is it legal if my employer won’t show me how much commission I’m making?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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