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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 1 year 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption