Legal Question in Employment Law in Florida

Employee Status

Recently all sales people at the company that I work at, were taken off of salary and placed on a straight commision plan. Our income is now determined by how much we sell. NO SALARY WHAT SO EVER. With this in mind, am I now considered an independant contractor or still an employee? My employer will still be doing deductions from my commission check. In addition, with this in mind, can my employer still dictate my working hours and can they force me to sign a non-compete contract?


Asked on 1/25/07, 10:05 am

1 Answer from Attorneys

Mayra Colon Colon Partners, P.A.

Re: Employee Status

This alone should not change your "employee" status, if your relationship is that of employer-employee, regardless of what you call it, of how you are paid. Even if you are getting paid commissions only, you are still entitled to at least minimum wage, that is if your relationship is an employer-employee relatioship. There are several factors that govern this, but, in simplistic terms, the more you are under the supervision and control of the employer, the more you are likely to be found an "employee" whereas the more you are left to your own devices (such as when you call an air conditioner repairman to do a service and you don't control anything, just pay when it is done) the less likely you will be deemed an employee.

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Answered on 1/25/07, 10:25 am


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