I work in the retail industry and always pull more than 40hours a week. I work 11 hours a day 4 days a week and 9 on the weekend. I have yet to see a penny of overtime. Its always straight pay, In other words i get my time but not the half. Now on the poster with all the labor laws it says I'm to get time and a half. Is my company breaking the law or is there sometime of loophole I dont no about?


If they are really screwing my out my half how can I go about getting it back.

Thanks in advance.

There are several possibilities.
- There is something called the Retail and Service Establishment exception. Are you paid commissions?
- Paid overtime is a function of being legally a Non-Exempt employee. Bill Gates for example is probably Exempt from overtime. Someone who sells retail is probably Non-Exempt. Someone who supervises employees, who has certain technical skills or who handles certain administrative tasks might be legally considerd Exempt under one of the white collar exceptions.
- Certain industries such as Auto Dealer have sales person exceptions for the overtime rules.
- There is an extremely small chance that you are not subject to the federal FLSA law.
- There is a larger chance that your employer is failing to pay overtime because they either do not know what the law is or they do not care what the law is.

If you are legally being underpaid, you can file a wage claim with TX-TWC.

In regards to the to the Retail and Service Establishment exception my income is like $900 biweekly and my commission check depending on how business is i about $230 a month. the majority of my salary comes from my hourly pay.

You might want to read the following factsheet.

Retail and Service Establishment factsheet (http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm)

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
my reg rate of pay does not equal this

3. more than half the employee's total earnings in a representative period must consist of commissions.

my commisions are maybe 10-30% of my income

so it looks like im due my half time back

Probably, although you might want to review the other possible exceptions that I mentioned. If you think you are due wages, you can file a wage claim with TX-TWC.