I am a commissioned employee, but my employer refuses to keep track of my hours and makes me count the tips that I receive as part of my commission. Is this allowed?

No. As a commissioned employee, you are not required to consider the tips that you receive as part of your commission. That money is strictly for you, and it also does not need to be shared with anyone else, according to the Fair Labor Standards Act.

As for keeping a record of the number of hours that you work, the Houston overtime lawyers in our office strongly encourage all employees - commissioned and non-commissioned - to keep track of their own hours. However, the FLSA requires employers to keep track of these hours, too.

Not keeping track of hours or counting tips towards commissions can cause your commission and overtime to be miscalculated, which can mean that you could be missing out on pay that you rightfully earned.

If you are a commissioned employee in Texas concerned about overtime pay, you should be looking at your rate of pay and whether or not it adds up correctly to ensure that you are making minimum wage. According to the FLSA, your regular rate of pay must be equal to or more than one and a half times the federal minimum wage of $7.25 for each hour worked over 40. If your employer does not keep track of your hours worked, then you may not be receiving the overtime that you deserve.

Still have more questions? Call 888.449.2068 today. The lawyers at Kennedy Hodges will provide you with a free copy of Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. You also can fill out this online form, and an attorney will contact you immediately to schedule a free consultation.

Galvin B. Kennedy
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Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.