I live in NY and my employer pays me a base salary plus commission on my daily sales monthly. If i put in over 40 hours in a workweek can i collect my regular pay commission and et overtime for the extra hours worked?

Also we get charged for out of date product and breakage...is this legal?

What is your employer's industry? What are your duties? Are you selling in a facility or acting as an outside salesperson or something else? Is there a written commission agreement?

This is a beverage route. I drive they're truck selling the products they distribute. some days we work 8 hours some 13 there is no punch clock.we get a base salary plus commission on our monthly sales numbers

This is potentially very complicated. You are something that federal DOL calls a Driver-Salesperson. Some of these types of employees are considered Exempt under the Outside Sales classification and others are considered to be Non-Exempt. My reference book on this lists pages of factors and court decisions that need to be examined to hard determine the classification. This is not something I have studied and not something that I can give you a quick answer on.

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I can say this.
- If you are Exempt under the Outside Sales classification, then what you describe is legal.
- If you are Non-Exempt, then you must be paid at least minimum wage for all hours worked in the work week and you must be paid overtime for all hours worked past 40 in the work week. As long as you are paid MW and OT, the deductions from commissions are likely to be legal. It is very much to your advantage to be considered Non-Exempt as a Driver-Salesperson.

Not your question (yet), but "salary" and "commissions" are just payment methods. Neither the Exempt Outside Sales or Non-Exempt classifications either prohibit or require either salary or commissions be used as a payment method. Exempt Outside Sales is the only classification that allows commission-only irregardless of actual hours worked to be used as a payment method, but it does not require this. While most Non-Exempt employees are paid hourly, this is also not an actual requirement.