Q: Do you have to pay overtime if you are paid by an hourly rate or commission, which ever is greater.
I currently am being compensated either by an hourly rate or from my earned commission, which ever one is greater. I am required to clock in and work a full 40 hour week plus I am being told less than 24 hours in advance that I will have to work on weekends, every week when my commission is higher than my hourly rate and this puts me at about a 50 hour week without any overtime ever being paid. I am just wondering how a company can require you to work certain hours and clock in when some weeks I have made more 8 hours into the week than I will being paid the hourly for the week but I am required to still work more than 40 hours and it feels like I am working almost every week for free.
A: Hello, more information is needed here. You need to meet several requirements to be exempt from overtime: certain job duties and to receive pay on a salary basis. I would reach out to an employment law attorney in your state for a consultation.
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