I work for a large national new home builder in Florida.

I am required to work from 930 a.m. - 7 p.m. 5 days per week, frequent after hours sales meetings also. no lunch hour

We receive a draw against commission.

Are we entitled to overtime pay.

Please advise.

What are your actual job duties? Assuming that you sell things, exactly where and how do you sell them?

It is a model home center, customers walk in to the office . we show the homes , qualify for financing and have them sign a sales contract. we are licensed real estate agents

Are you actually employees? Do you have taxes withheld from your paycheck? Do you receive a W-2 at year end?

yes, we are actual employees, we have taxes, 401k, insurance withheld and receive a W2

Slight problem here. I know what the general rules are but not rules specific to your industry, should such rules exist. My best guess is that you do not qualify for the Outside Sales exception. (http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.htm) My best guess is that your employer is legally required to pay you at least minimum wage and overtime for all hours worked. Another responder might have better information then I do. Alternatively, you could contact federal or state DOL directly and ask them (it is not like the government cares about my opinion on anything).

I can give you a pointer to an opinion letter that is sort of close to your industry (time share sales). I am just not sure that it is close enough. You should also take a hard look at the Outside Sales I referenced. It is to your employer's advantage to try to claim that you fall under those rules, and to your advantage to claim otherwise. DOL generally calls that exception pretty tight, so unless you are selling houses door-to-door, it is not obvious (to me anyhow) that you would fall under that exception.

http://www.dol.gov/esa/whd/opinion/FLSA/2007/2007_01_25_04_FLSA.pdf

Thank you very much for your help, I appreciate it