Is my employer required to pay overtime if Im a commission based pay employee

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Is my employer required to pay overtime if Im a commission based pay employee

I worked 55 hours last week and no
overtime was paid

Asked on July 26, 2018 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

According to the Fair Labor Standards Act (FLSA), commissioned workers are entitled to be paid overtime if they are considered "non-exempt", and the presumption commissioned employees are non-exempt (this of course can be rebutted based on specific circumstances). At this point, you can contact your state's department of labor for further information.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

According to the Fair Labor Standards Act (FLSA), commissioned workers are entitled to be paid overtime if they are considered "non-exempt", and the presumption commissioned employees are non-exempt (this of course can be rebutted based on specific circumstances). At this point, you can contact your state's department of labor for further information.


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