Under what circumstances should an employee be paid their hourly wage?

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Under what circumstances should an employee be paid their hourly wage?

I work 40 hours a week, Monday-Friday 9 am – 5 pm at a very small business. I get paid hourly. My boss wants me to start working before and after work going to community events and meetings to try and get business a couple days a week. He also wants me to work some weekend hours to also try and get more business going to local places around town talking about our services. He says I will not get paid but will get a small commission if any of the people I talk to during those times purchases anything from us. Is this legal? Should I be getting paid hourly as well?

Asked on September 4, 2012 under Employment Labor Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are not required to work the extra hours that your employer wants you to work. However, if you do, then you are entirely entitled be paid an hourly wage and if the time amounts to more than 8 hours a day or 40 hours a week, overtime rate is mandated.

If you want to sign some agreement that the extra work that you are being asked to do will be paid as a form of a commission for any later purchases in lieu of an hourly wage, such is allowable under the law. However, for you to do so would seemingly be a losing proposition for you. If you get reprimanded for refusing to do as requested by your employer, you have a labor claim against him or her.


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