Do I get minimum wage if I work for a company that doesn’t guarantee commission? and do I get a different pay rate for the overtime?

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Do I get minimum wage if I work for a company that doesn’t guarantee commission? and do I get a different pay rate for the overtime?

so I’m working 80 hours every two weeks at 8.00 and my ot is showing at 8.00
rate too, but the commission structure is not guaranteed for all employees.

Asked on August 29, 2019 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It you  are working 80 hours every two weeks, IF that is 40 hours per week, then you do not get overtime: overtime is only when you work more than 40 hours in a single week.
Yes, you have to get at least minimum wage IN PRACTICE: the issue isn't whether they guaranty a commission--it's whether you have in fact been earning at least minimum. Minimum wage in your state is currently $8.60/hour. For a 40-hour week, that would be 40 x $8.60 or $344.00 per week. If you are being paid $8.00 per hour, or $320/week, then as long as you have been getting at least $24 in commissions/week, they do not owe you anything more and you are meeting minimum wage.


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