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Overtime / commission? Texas

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  • Overtime / commission? Texas

    Last edited by kalvano; 06-14-2010, 09:25 PM.

  • #2
    I am going to assume based on what you have said that you are selling cars from a lot for an Auto Dealer. Assuming that is true:
    - You must be paid at least minimum wage (on a workweek basis) for all hours worked.
    - You do not have to be paid an overtime premium because of a very specific exception in the FLSA related to Auto Dealers.
    - I cited the related federal DOL factsheet.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Last edited by kalvano; 06-14-2010, 09:26 PM.


      • #4
        The problem with your question is this. You are assuming that your employer is choosing to use the more general 7(i) assumption associated with Retail/Service establishments. I am assuming that your employer is not a complete idiot and is instead using the 13(b)10(a) exception specifically associated with Auto Dealers.

        It is the employers choice as to which exceptions (if any) that they choose to use. The employer is not legally required to use the 7(i) exception even (especially) if it is in your financial advantage if they do so.


        Regarding the "And can they force us to work 60+ hours a week?"

        Probably. There is no federal rule preventing this. Federal rules on maximum hours worked are specific to situations such as airline pilots, long haul truckers, and minor children employees.

        Your state (TX) could have such a rule, but to my knowledge they do not. To my knowledge, there is no state where a 60 hour workweek for general employment would get the state very excited. What state rules I am familiar with either involve a lot more hours or very specific occupations.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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