Legal Question in Employment Law in Texas

Overtime pay

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?


Asked on 5/10/03, 2:19 pm

1 Answer from Attorneys

Trang Tran Tran Law Firm L.L.P.

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.

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Answered on 5/10/03, 6:33 pm


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