Legal Question in Employment Law in Florida

Paid on production

I work for a Pest Control co. here in Jax FL and as such I am production based, I receive a % of the work I produce.

We have a new manger that we feel like is doing nothing short of stealing from the employees .Here is how it go�s, we are given work to complete each day and are paid for such work every 2 weeks. But wait, if a costumer for what ever reason refuses to pay 30, 60 , or 90 days out the company dock�s our pay from the next check for the % of that work that we were told had to be done that day, and was completed on that day.

When we ask the response is a very tacky, �if we don�t get paid you don�t get paid�

We are trying to find out if this is legal.

Thank you for your help.

Regards,


Asked on 5/13/08, 10:59 pm

2 Answers from Attorneys

Andrew Frisch Morgan & Morgan, P.A.

Re: Paid on production

This sounds like it may be a breach of whatever agreement you have with the employer as to how they say they will pay you. Further, if you work overtime and they do not pay you a premium of time and a half for all hours over 40 worked in any given week, they have likely violated Federal overtime laws as well. If such a violation has occurred you may be entitled to back wages going back as far as 3 years, an equal amount to the unpaid wages as "liquidated damages."

My office and I regularly handle such cases on a contingency basis and I'd be happy to provide you with a free consultation. Feel free to contact me at (877)456-WAGE to discuss this matter.

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Answered on 5/14/08, 5:56 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Paid on production

Depends -- if your employment agreement is that you earn only a percentage of what is COLLECTED as opposed to what is BILLED, then they are correct -- if they don't get paid, you don't get paid.

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Answered on 5/14/08, 9:14 am


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