Questions

[coolranch]

I work for a wireless sales authorized agent in Texas. My work day begins before 9 and ends after 6 (usually around 8:50a to 6:20p) I am generally working around 90 to 95 hours every pay period (bi weekly.) I am not allowed a meal break and not paid overtime. Are there any laws being broken and what are the employer's penalties if there are?

[LConnell]

First, Texas does not require that employers provide meal breaks or rest periods to its employees.

Second, on the issue of overtime, much depends upon whether you meet certain criteria regarding your responsibilities. You didn't mention if you are on a commission plan or not. However, sales persons working for a retail establishment are exempt from overtime if much of their income comes from commissions. http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

Another potential exemption is for outside sales persons - meaning that you are not assigned to a specific location. You can read about the outside sales exemption at: http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

If you don't fit in either one of these situations, let me know. You may be eligible for overtime.

[coolranch]

I am paid commissions, but I looked at the exemption guidelines and I make less than 1 1/2 times minimum wage and most of my pay comes from wages, not commissions, so I don't believe I am exempt.

[coolranch]

And I am not in outside sales.