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Retailers Might Want To Consider The FLSA’s;Commission; Exemption

Wednesday, Oct. 20th 2010 6:29 AM

More than ever, retailers are being squeezed between rising costs (including labor expense) and sagging revenue.  What if there was a lawful way to compensate retail employees that gives them a stake in working to increase sales while at the same time eliminating the need to pay overtime?  There is such an alternative, but many employers are overlooking it.

The federal Fair Labor Standards Act’s Section 7(i) provides an overtime exception for certain employees paid under a bona fide commission pay plan.  The exception applies to:

(1)     Employees of a “retail establishment”;

(2)   Who receive more than 50% of their earnings in a “representative period” from commissions; and

(3)    Whose regular hourly rate of pay for each overtime workweek is more than 1.5 times the FLSA minimum wage.

For Section 7(i) purposes, a “retail or service establishment” is a location 75% of whose annual dollar volume of sales is not for resale and is recognized as retail sales in the particular industry.  The “representative period” may be any timeframe of one month or longer (although U.S. Labor Department’s interpretations suggest an upper limit of one year)

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Handyman insurance includes several types of coverage; each one offers a specific kind of protection for your business.  

(Handyman Insurance ) Commercial Auto: Covers a business's owned, no owned, and hired autos against liability and physical damage losses. 

Handyman Workers Compensation:  If your business as a Handyman employs any staff (including part-time, trainees or sub-contractors), Employers liability insurance cover is a legal requirement.  Employers liability insurance provides protection against your legal liabilities to pay compensation in respect of injury sustained by your employees in the course of your business as a Handyman.  (Handyman Insurance) Workers Compensation: Provides coverage for an employer's responsibility in the event of a work-related injury or illness.   Employers Liability Insurance for handyman work: This type of insurance would cover payment of legal fees and damages in the event that an employee was injured or killed while doing work for you. 

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