I work as a salaried employee, plus commission. I am a recruiter for a pest control company based in S. CA. I recruit in Utah and Idaho M-F about 4 months out of the year. I work 12 to 17.5 hour days during this time. I believe I am non-exempt. My day consists of driving to the airport, catching a flight and working all day into the evening. At times, I have a 4 hour drive to get between work sites. Other days I have a 1 hour drive to get to "work" because my employer wants to save money on a hotel, so I stay with a friend.
I get paid a salary that is not based on a contract, and I receive a commission for every individual that I recruit. I use a company vehicle with paid gas while in UT. I receive $5/lunch and $10/dinner. My flights to and from are also paid for by the company.
My question is, what part of my day is defined as "work"? Am I eligible for overtime during flights and drive times? I do not receive any overtime currently. Am I obligated to work a 10+ hour day after arriving to my destination on days that I fly? For a salaried + commission employee what is considered a full work day? Is it still 8 hours? Or is it something that should be defined in a contract?
I get paid a salary that is not based on a contract, and I receive a commission for every individual that I recruit. I use a company vehicle with paid gas while in UT. I receive $5/lunch and $10/dinner. My flights to and from are also paid for by the company.
My question is, what part of my day is defined as "work"? Am I eligible for overtime during flights and drive times? I do not receive any overtime currently. Am I obligated to work a 10+ hour day after arriving to my destination on days that I fly? For a salaried + commission employee what is considered a full work day? Is it still 8 hours? Or is it something that should be defined in a contract?
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