Commissioned Employees

For the vast majority of employees, if you work over 40 hours in any workweek you are entitled to overtime pay at one and one half times your regular rate of pay. This includes most employees who are paid commissions, unless one of the limited exemptions applies, like the outside sales exemption.

This is true even if your commission is the sole source of your compensation or is paid in addition to a guaranteed salary, draw, or hourly rate, or on some other payment method. The fact that your commission is not calculated until after your regularly-scheduled pay day or months later does not excuse your employer from paying overtime.

Because so many employers violate overtime law, many employees who perform inside sales, recruiting, and business development work, and whose jobs do not require regular travel or work outside the office, generally do not receive but are actually entitled to overtime pay.

Dallas overtime lawyer Barry Hersh explains overtime rights in plain English and aggressively represents commissioned employees in overtime pay lawsuits. ;Hersh Law Firm is available to pursue unpaid overtime claims for employees all over Texas, including Dallas, Fort Worth, Houston, Austin, El Paso, and San Antonio. To submit your claim for a free evaluation, contact us here.