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Overtime wage law in FL, is an employee that is on salary and commission entitled to get overtime pay

Miami, FL |

I work at a jewelry store, and I get a base salary along with commissions. However, during the past Christmas, Valentines day, and Mothers day holidays, I had to work overtime. I was told by a friend I am entitled to time and a half for my base salary. Is this true?

Attorney Answers 3


  1. You will be entitled to overtime pay if you qualify as a non-exempt employee. There are several different categories of exemptions, typically covering management-level employees who are making above a minimum threshold salary. You will want to find a wage-and-hour lawyer in your area. You may be entitled to recover unpaid overtime, plus possibly penalties and attorney's fees.


  2. Yes. You are most likely entitled to overtime pay on your base salary although there are various formulas that can be used to determine if you are being paid properly. You need an employment lawyer that handles wage & Hour claims.


  3. Firstly, being "salaried" is not determinative of whether you are entitled to OT. (If that was all that mattered, every employer would label its overtime working workers as "salaried."). Sometimes commissioned salespeople are not entitled to overtime, but it depends on numerous factors. If they dock your pay for partial days' absences, they have waived whatever OT exemption would have been applicable. But a qualified employment law attorney will need more information to properly answer your question.

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