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  1. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    Good points, thanks. There is, though, one thing that federal law does care about with respect to commissions: Overtime is to be paid on the "regular rate" of pay, and the regular rate does include...
  2. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    That still leaves this odd. They do not reduce our commission by the amount of the draw; the draw is advance commission, and our entire pay (except overtime, which was the original main query here)...
  3. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    We have a written agreement with a commission schedule that says we will be paid a draw against commission. So there is no question that the employer has to pay us commission, as that is the signed...
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    Compensation and Overtime: Re: Commision Payout After Termination

    Do you have that agreement? Have they paid other commissions at the 12.6% rate since the furniture contract? Is there any written agreement that states the 7% rate they're now saying "it has always...
  5. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    Now I'm repeating, as I have in fact explained, how the burden is related to FICA: The employer says the "burden" includes the employer portion of FICA. The pay stub states the net commission they...
  6. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    Thanks for telling me my post makes little sense, but your statement is ambiguous. Is it my post's composition that makes sense, such that you can't understand what I'm saying, or is it the...
  7. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    There's no question that it's income and it have to pay the employee's FICA tax. But I am being charged by the employer (by a reduction in my commission paid to me) to pay the employer's FICA tax...
  8. Compensation and Overtime: Re: Can an Employer Treat Overtime Pay As a Draw Against Commission

    Would it not be more perfectly rational to simply not pay overtime? The only purpose of paying overtime is to comply with the law saying overtime must be paid?

    It seems nonsensical to mandate...
  9. Compensation and Overtime: Can an Employer Treat Overtime Pay As a Draw Against Commission

    My question involves employment and labor law for the state of: Florida

    I am a commissioned salesperson at a real estate development. We are non-exempt, by our employer's designation, and thus...
  10. Compensation and Overtime: Re: Can an Employer Retroactively Modify Commissions for the Sales Staff

    Commissions are employees' pay, whatever the commission structure. The pay is before appropriate deductions--the pay is take-home pay and the deductions, combined--that's the gross.
  11. Compensation and Overtime: Re: Can an Employer Retroactively Modify Commissions for the Sales Staff

    A salesperson has it in writing (an email from HR to a salesperson) the statement that the 30% is for the employer's "burden" and stating that unemployment tax, worker's compensation insurance, and...
  12. Compensation and Overtime: Can an Employer Retroactively Modify Commissions for the Sales Staff

    My question involves employment and labor law for the state of: Florida

    The employer is paying a weekly draw against commission to commissioned salespeople. Then, when commissions are due, the...
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