Commissions Sink Cruise Salesman’s Overtime Claims

A former salesman for a cruise line isn’t entitled to overtime because he falls within an exemption for retail workers who earn commissions, a federal judge in Florida ruled (Freixa v. Prestige Cruise Services LLC, S.D. Fla., 1:15-cv-22732, 5/23/16).

The “oscillating nature of a commissioned employee’s hours and wages” means his hourly income should be calculated across multiple weeks, rather than a week-by-week analysis, Judge Marcia G. Cooke of the U.S. District Court for the Southern District of Florida said May 23. Calculating an hourly rate based on Sean Freixa’s wages and commissions across the 50 weeks ...