Is it legal for an employer to not pay you for overtime?

Full question:

I recently left another job to take a sales position. This position has a guarantee of minimum wage if commissions greater than that are not earned. Basically, I will be paid which ever is more. I am expected to work a total of 43 hours each week, Tuesday through Saturday, and it seems that this company does not pay overtime for over 40 hours. The manager also expects employees to work on their days off for special events (Sundays) without compensation of any kind. Isn't this illegal?

  • Category: Employment
  • Date:
  • State: Missouri

Answer:

The answer depends on whether the position is subject to the overtime provisions. In many sales situations, there is no overtime involved since the amount a sales person earns depends on sales. Likewise, since the number of hours devoted generally means you make more sales and more money, it would could be hard to make a claim for overtime. The min wage for 40 hours seems to be the base pay to allow you to have something coming in while you build your clients. They expect you to make much more if successful in sales. Hope this helps.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, commission-based jobs must pay at least the minimum wage for all hours worked. Employers cannot pay less than the federal or state minimum wage, even if employees earn commissions. If commissions do not bring total earnings above minimum wage, the employer is required to make up the difference.