Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Jun 2007
    Posts
    102

    Default Re: Are All These Charges Legal

    Florida, sorry-I forgot!!

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Are All These Charges Legal

    There are only two states that require business-related mileage to be reimbursed and Florida is neither one of them. You may, however, be able to claim unreimbursed business expenses as a deduction on your 1040. See a tax preparer if you need information about this.

    Regarding the cell phone, Florida wage and hour law is virtually nonexistent, and federal law regarding the deduction is not much better, except to say that deductions for the benefit of the employer (which is what this is) may not reduce the employee's pay for any given workweek for which it is deducted, to less than minimum wage, nor can the deduction be taken from overtime pay. Federal law requires that minimum wage and overtime pay be received "free and clear". I imagine that the employer is mandating this deduction to estimate for personal calls on the phone (assuming that employees are probably going to make them), thereby reducing or eliminating the need for review of the bills every month. If you can show that you NEVER, EVER use the phone for personal calls (although you'd probably have to have the company do that research), you would certainly have a good case for requesting that your employer cease the deduction.

    Do you do the maintenance on the uniforms? Or does a uniform company do it? Do you own the uniforms now?

    What does "strictly commission-salary" mean in your case? Do you do manual labor?

  3. #3
    Join Date
    Jun 2007
    Posts
    102

    Default Re: Are All These Charges Legal

    The amount that is taken out does not bring it down below minimum wage every time.
    These phones are only the "chirp" phones-just radios basically. No phone calls in or out.
    I wash the uniforms and yes, they are mine.
    I do not get an hourly wage. If I sell a part or a service on a call, I get a percentage. If I don't sell anything, I get nothing.
    No manual labor, just going over people's units and then telling them if something needs to be fixed.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Are All These Charges Legal

    For any workweek in which the deduction DOES bring you to below minimum wage for all hours worked, the deduction is prohibited.

    So what is this $20 supposed to be for?

    What is your primary job responsibility? Sales or service?

    Regarding the uniforms, have you asked the person who does payroll why you are still paying for these uniforms at this late date?

  5. #5
    Join Date
    Jun 2007
    Posts
    102

    Default Re: Are All These Charges Legal

    They take $20 for the use of the cell phone that I am required to have. And they call me on my personal cell phone to give me information on customers.
    Sales.
    I asked and they stated that it's in case I ever need another uniform (let's say I lose a shirt) they will replace it. I think it's a pretty exorbitant amount of money though...and what if I NEVER need a new shirt or pants?

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Are All These Charges Legal

    Quote Quoting letsprocre8
    View Post
    Sales.
    I asked and they stated that it's in case I ever need another uniform (let's say I lose a shirt) they will replace it. I think it's a pretty exorbitant amount of money though...and what if I NEVER need a new shirt or pants?
    1. Then there is NO minimum wage or salary requirement if your primary responsbility is outside sales.

    2. Then they're going to refund all that money?

    1. Sponsored Links
       

Similar Threads

  1. Job Benefits: Are Employer Required to Provide Benefits for Full-Time Employees
    By lamw in forum Employment and Labor
    Replies: 2
    Last Post: 08-08-2011, 07:30 PM
  2. Firing Employees for Not Taking Required Break Times
    By CaliBusiness in forum Employment and Labor
    Replies: 6
    Last Post: 07-06-2011, 06:47 AM
  3. Compensation and Overtime: Required to Wait for Other Employees After Clocking Out
    By friedpasta in forum Employment and Labor
    Replies: 13
    Last Post: 04-02-2011, 03:01 PM
  4. Hours: Employees Required to Log Billable Hours
    By worker374 in forum Employment and Labor
    Replies: 10
    Last Post: 01-25-2011, 07:28 PM
  5. Job Benefits: Employees Required to Purchase Group Long Term Disability Insurance
    By daved in forum Employment and Labor
    Replies: 10
    Last Post: 11-09-2010, 05:18 AM
 
 
Sponsored Links

Legal Help, Information and Resources