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Executive Exemption - Min Wage vs Commision Texas

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  • Executive Exemption - Min Wage vs Commision Texas

    I am a location manager for a retail sales store. My weekly pay is $450. I have one (sometimes two) employees under me. My commision is around $1000 per month. Overtime exemption states that i must be paid minimum $455 and have two or more employees under me. Also since my commision (per company handbook) is not gauranteed. (ie..if i quit OR am terminate i get paid no commsions due) can the commision be used as part of my "pay" or is it considered a bonus?

    Im working 70hrs a week with no extra pay and recently lost my "extra" day off. So now its 6 days a week every week. No benefits and WAY too many hours, not to mention my job descrip changes weekly it seems. What recourse do i have in regards to possible overtime pay issues and the loss of commision?

    Lastly, if recourse were due...how would you calculate your "should have been paid" amount? Is it based on industry average or is it based strictly off of minimum wage. (ie find out what i would have made with X hours @ minimum wage including OT versus what was actually paid)

    Can you link me to the articles/laws where this information is located?

    Thank you for ANY help!!!
    Last edited by texassalesman; 10-18-2008, 08:55 PM.

  • #2
    You could be exempt under section 7i, maybe

    Section 7(i)
    The section 7(i) overtime exemption applies to individual employees of retail or service establishments depending, in part, on their specific earnings. To qualify for the section 7(i) exemption from the overtime provisions of the FLSA, three conditions must be met:

    1. The employee must be employed by a retail or service establishment;

    2. The employee’s regular rate of pay must exceed one and one half times the applicable minimum wage under section 6 of the FLSA; and

    3. More than half of the employee’s total earnings in a representative period (not less than one month) must consist of commissions on goods or services.
    ========================================

    "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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    • #3
      I make 1800/mth salary and about 1000/mth in commision. So i dont meet the last section of that exemption for retail.

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      • #4
        Then overtime may be due to you...
        ========================================

        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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