orthopak
05-22-2005, 12:39 PM
I currently work for a mattress company, I'm a sales person working 10 hour days (10am-8pm) and I'm paid strictly commission only (no draw or gaurantees). My question is, what are the laws for strictly commission based jobs in California as far as overtime? I avg 50 hours a week. I've been doing research but I can not understand all the technical terms used in the laws. If somebody can shed some light on the subject, that would be great, thanks!
elklaw
05-22-2005, 01:14 PM
If you are paid by the piece or commission, either of the following methods may be used to determine the regular rate of pay for purposes of computing overtime:
The piece or commission rate is used as the regular rate and you are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday; or
Divide your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.
orthopak
05-22-2005, 01:17 PM
So basically I'm entitled to receive some sort of overtime pay? People keep telling me that if you work strictly on commission, I will not get paid overtime reguardless of how many hours I've worked. Please tell me what is correct.