Orlando, FL asked in Employment Law for Florida

Q: I have a question about an employment contract for a manager to be paid by commission only in the state of florida.

It states at a minimum commission received will equal one and half times federal minimum wage for all hours worked including those in excess of 40 in any week or approximately $11. when the state minimum wage exceeds the federal, the employer is required to pay the state minimum. Would that apply, the way this is worded. One and half times, the Fl rate after Jan 1st would be $12.69..

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1 Lawyer Answer
Mitchell Feldman
PREMIUM
Mitchell Feldman
Answered
  • Tampa, FL
  • Licensed in Florida

A: If you are being paid minimum wage then you are to be paid time and one half state min wage for overtime.

If you are paid a commission and employer promises that if your pay dips below time and one half min wage for all hours worked it should be based upon the state minimum wage.

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