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 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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