If I'm paid on commission, do I still get overtime pay?

If you are a commissioned employee working for a retail or service establishment, you might be surprised to learn that your employer is still required to pay you overtime pay when you work more than 40 hours. The only way an employer can get out of this duty is by proving that you fall under the commissioned exemption. This is a very difficult test to prove and your employer bears the burden to prove it; that is, you start with the right to overtime and only when your employer proves otherwise do you lose that right. Unless all three conditions of the exemption are met, the commission exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay.
Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.