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 paid commissions, unless the outside sales exemption or some other limited exemption applies.

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 basis, and irrespective of the method, frequency, or regularity your employer computes, allocates, or pays your commission. The fact that payment of your commission is delayed for a period of time past your normal pay day or pay period does not excuse your employer from paying overtime.

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

Dallas, Texas overtime lawyer Barry Hersh explains overtime rights in plain English and aggressively represents commissioned employees in overtime pay lawsuits. The 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.