If you are paid by commission (35% of each job) and your employer requires you to be at work 60 plus hours per week; Federal taxes, Social Security and medi-care withholdings are all withheld from your weekly paycheck what is the law concerning overtime?
1 Answer from Attorneys
Re: Overtime pay
If your are not an employee who is not exempt from the Fair Labor Standards Act (See http://www.dol.gov/) you may be entitled to 1.5 hours or your regular hourly rate for each hour you work in excess of 40 hours a week. Under certain circumstances, a non-exempt employee who work’s on a straight commission may calculate the regular hourly rate by dividing the weekly wage by 40 hours.