Retail store employees often have a hard time getting paid the overtime wages they are entitled to under the law. This is especially true of retail store employees who earn commissions in the course of their workday. If you are a retail sales employee in Texas who earns commissions, you may believe that you are automatically exempt from overtime pay, but that is not always the case. In many circumstances, commissioned sales employees can and do earn overtime compensation for the hours they work over 40 each week.
Why Should I Learn About the Retail Exemption? Isn’t That My Employer’s Job?
Under federal labor laws, some commissioned retail store employees are, in fact, exempt from overtime pay. However, some retail employers knowingly violate labor laws by misclassifying retail employees who do not meet the criteria for exemption status—all in an attempt to save money. It’s unfortunate, but retails sales employees can’t always rely on their employers for the truth about what they are owed for the work they do.
Sound complicated? It certainly can be, especially if you don’t have much experience with employment law. If you have any questions about the retail sales exemption and your job duties, please don’t hesitate to contact an experienced Houston employment attorney for help.
Are You Really Exempt from Overtime as a Commissioned Retail Employee?
In order to be exempt from overtime under the retail sales exemption, the employee generally must:
- Make more than half of his or her total earnings in sales commissions
- Make more than one and a half times current minimum wage as his or her regular pay
As we said above, it’s not all that unusual for commissioned retail sales employees to be misclassified as exempt from overtime. If you believe you may have been misclassified and are owed unpaid wages, it’s important that you get help as soon as possible.
Don’t wait any longer to find out about your rights and the compensation you are entitled to at work. An experienced Houston employment attorney can quickly evaluate your case and provide clear answers in a completely free consultation—with no obligation to you. Take action by giving us a call today at 888-449-2068 or filling out the quick online contact form on this page.