confucious
11-12-2006, 05:22 PM
I work for a very large company and am paid very oddly. I get a certain percentage of my sales volume each week plus whatever my sales are. Now the question is on overtime. If i work over forty hours i thought that it was supposed to be time and a half, however, myself as well as the other 34 employees get only paid half time. Is this right?? Or is there some other method that is calculated to get this time?
ArmyRetCW3
11-12-2006, 05:30 PM
Assuming your are authorized to received overtime, some commission employees are not, the half time provision is the correct proscedure to pay the half time overtime. Keep in mind, you have received straight time pay already for all your worked hrs, including the overtime hrs. Therefore, the employer only has to pay the extra half time, based on your regular rate.
If a retail or service employer elects to use the Section 7(i) overtime exemption for commissioned employees, three conditions must be met:
1)the employee must be employed by a retail or service establishment, and
2)the employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
3)more than half the employee's total earnings in a representative period must consist of commissions.
Unless all three conditions are met, the Section 7(i) exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay.
confucious
11-12-2006, 06:11 PM
All of my wage is commision. How does the overtime monies apply then??
ArmyRetCW3
11-12-2006, 08:05 PM
If your employed by a retail or service establishment and you are making at least $7.72 an hr, for every worked hr, then you are exempt from overtime. The employer is not required, by law, to pay you any overtime.