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overtime pay and breaks in Michigan

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  • overtime pay and breaks in Michigan

    Ok, I have 2 questions to whom ever can help. I am a 21 yr old Sales Associate in Michigan. I typically work 10 hours a day averaging about 53 hours a week. I was told I would receive comission checks(monthly) as well as an hourly wage(biweekly). BUT I was also told that because I would be receiveing comission checks I DO NOT get paid over time. I do not fall under the "outside sales" rule, and I do not make over $455 (even if you include the comission checks I was supposed to get)a week, and have never received a comission check (Its been 5 months). My employer does not have any Labor Law posters hanging in any of his stores. Question 1) Am I supposed to get paid Overtime? Question 2) What are the Break Laws under these circumstances? Thank you for any information you can contribute.

  • #2
    Commissioned Sales person

    There is an exception from overtime for persons working for a retail organization and who receive commissions. You can read about the conditions for this exemption at: http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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