Overtime pay never given

[Wyldrush]

What is the name of your state (only U.S. law)? Florida

This posting is in regards to my company policy which I do not agree with but affects my employees not me as I am a manager.

My sales staff is paid an hourly wage and commission. They are required to come to work at least 15min before store opens daily which equals at least 1.25-1.5hrs a week depending on how many days they worked. Lunch time is given though many decline to take it. Also many times they will be there after closing as they are still dealing with a customer (not talking and just hanging around) to close a sale.

Are they entitled to overtime pay for that time, especially the 15min early. They get paid straight 8hrs and time and a half on sunday. Also once a month we have a sales meeting and everyone comes in 30min early for that.

One reason I am asking is, a very good friend in another store was just terminated and he is thinking of looking into this as a lawsuit. He was fired for no apparent reason (the VP and owner called when night before he was getting terminated to discuss this with me because I know him well) He would have a hard time sueing for termination and they did not cite a reason. IN fact he went to corp office that day and they could not give him a valid reason for terminating him because what they brought up he was doing has been going on for over 2 years and did not break any real policy, steal, etc. Without going into details, just a write up and do not do it, but management in the store is to blame as well since they were aware of it for 2+ yrs and did nothing till one day the assistant had a personal vandentta against him and got him fired.

 

[swalsh411]

Non-exempt employees must be paid for all time worked which would include prep work before the store opens. They must be paid at least time and a half for all hours worked over 40 in the work week. They also must be paid if they choose to work through lunch. They can be written up or even fired if they refuse to take a lunch as directed but they must be paid for it if they are working. Required meetings must also be paid, but hanging around and shooting the breeze when they are free to go home if they choose (i.e. not dealing with a customer or otherwise required to be there) is not working time.

Exempt employees do not have to be paid extra to attend meetings.

How many employees would you estimate are being shorted wages and how long has it been going on? Has management been informed that that people are working but not being paid for it?

Your friend's termination does not sound illegal based on what you provided. If you are at-will you can be fired for no reason. He should file for unemployment while he looks for a new job.

 

[pattytx]

Are they at least being paid straight-time for all hours worked? There IS an exception for inside salespersons who also receive commissions in a "retail establishment" which you can read about here:
29CFR779 - The Fair Labor Standards Act As Applied to Retailers of Goods or Services