I have several questions I'm hoping I can get clarification on.

First of I'm in Fitness equipment sales and my base pay is $1800 a month and I get paid $830 gross every 2 weeks. Commission averages $1200 a month.

#1. I normally work 45 hrs per week minimum and now that January is here, I will be working 6 days a week @ 9hrs a day for a total of 54 hrs a week. Am I entitled to overtime pay?

#2. I was promised medical benefits after 90 days. I finally received my medical benefits after 9 months. Is the employer liable to compensate me for medical benefits I was without for the other 6 months?

#3. I am the only person at the store and I have no designated place to eat and I can't leave the store, per the owner, to get food. Is the employer required to have adequate facilities for my lunch break, for example, a chair, table, fridge, and microwave? Again I work 9 hour days with no break and no lunch break. I eat my food when I get a chance.

Thanks for any help in advance!!!

First of I'm in Fitness equipment sales and my base pay is $1800 a month and I get paid $830 gross every 2 weeks. Commission averages $1200 a month.

#1. I normally work 45 hrs per week minimum and now that January is here, I will be working 6 days a week @ 9hrs a day for a total of 54 hrs a week. Am I entitled to overtime pay?

You mention later in the post about working in a store, so I assume that you are not an outside sales rep. You could be exempt from the overtime requirements only if your pay is one and a half times minimum wage (it is) AND at least half your pay is in commissions (it is not, based on what you posted).

Thus, you should get overtime.

. I was promised medical benefits after 90 days. I finally received my medical benefits after 9 months. Is the employer liable to compensate me for medical benefits I was without for the other 6 months?

Bump on this one. Have you asked what happened and what they plan to do to compensate you for the months without coverage?

I am the only person at the store and I have no designated place to eat and I can't leave the store, per the owner, to get food.

Legal in some states, but in all of them, you must be paid for your time if you are not fully relieved of your duties while on lunch break. Since you are the only person present, you aren't and you must be paid, unless the store closes while you snack (not likely!).

Is the employer required to have adequate facilities for my lunch break, for example, a chair, table, fridge, and microwave?

I know of no state that requires that and cannot imagine any doing so. Imagine the impact on the company providing flaggers out on a highway having to bring out picnic tables, chairs, a fridge and a microwave when a bag lunch works just fine.

Bump on this one. Have you asked what happened and what they plan to do to compensate you for the months without coverage?



They kept giving me the run around about how we were waiting on another person, or "we are working on getting the benefits, but we've been really busy."

The owner has not mentioned what would be done about the prior months without medical benefits.