Overtime Pay for Employees On Commission

When is a commissioned employee entitled to overtime pay? The answer is more complicated than it may seem. Some employees who work on commission are exempt from California's overtime laws while others are considered nonexempt and are therefore entitled to overtime pay.

If you work on a commission basis, you should find out for sure if you can indeed get overtime pay. Those who are entitled to overtime pay may be able to claim thousands or tens of thousands of dollars by taking legal action against their employers.

Carlin & Buchsbaum, LLP, is a team of employment law attorneys with decades of experience representing employees. We seek full compensation for those who have been cheated out of the pay they deserve.

Call us today at 562-606-0382 for a free consultation.

Important Facts About Overtime Pay For Commissioned Employees

In general, California laws regarding overtime pay are more employee-friendly than federal laws. Here are some basic facts about overtime pay for commissioned employees:

  • California overtime pay laws draw a distinction between "outside" salespeople and "inside" salespeople.
  • Outside salespeople are those who spend 50 percent or more of their time working off the premises of the business. Usually, they are not entitled to overtime pay, but there are exceptions.
  • Inside salespeople who work in a place of business may be entitled to overtime pay if they earn less than one and one-half times the minimum wage.
  • Nonexempt commissioned employees may be entitled to overtime pay if they:
    • Work more than eight hours a day
    • Work more than 40 hours per week
    • Work more than six consecutive days in a week
  • A commissioned employee can be exempt from overtime pay in one pay period and nonexempt in another pay period.
  • Inside salespersons who are paid solely on a commission basis are entitled to meal and rest breaks. Outside salespersons who are exempt are generally not entitled to rest periods.

Get Legal Advice Today

As you can see, California laws regarding overtime pay for commissioned employees are complicated. Even if your employer has classified you as exempt or you think you are exempt, that may not be the case.

In a free consultation, a lawyer at Carlin & Buchsbaum, LLP, can review your situation and inform you of your rights. If you are entitled to overtime pay, we will work diligently to help you get all of the compensation you deserve

Contact Us For A Free Consultation

To learn more about overtime pay for employees on commission, contact Carlin & Buchsbaum, LLP, by calling 562-606-0382. Located in Long Beach, we represent people throughout Southern California.

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