Legal Question in Employment Law in California
Unpaid over time and not given breaks
I work in a commission based sales environment and we are paid by salary. During any given work week, I work at least two 11 hour days for which I am not paid over time, to my understanding in California any time worked over 8 hours daily is supposed to be paid as over time. Also, on the 11 hour days, we are not allowed to leave the store for breaks or lunch hours. I'm unsure whether or not the same laws apply to salary positions as they do with hourly, I'm not sure what I am entitled to.
4 Answers from Attorneys
Re: Unpaid over time and not given breaks
The answers to your questions really depend on the details of what it is you do. As a commissioned employee, you may qualify as exempt and therefore would not be entitled to overtime. But without knowing what it is that you do, there is no way to fully respond. Feel free to contact me or another employment attorney on this list.
Re: Unpaid over time and not given breaks
Your question requires more information to fully answer. Do you work only "inside" on commission sales (i.e., telephone or in a retail environment) or are you doing "outside" sales (i.e., door to door, calling on customers). Dependent on exactly what you are doing you may or may not be entitled to overtime and may or may not be entitled to minimum wage (if you are not making that in commissions). That determination will also decide your eligibility for meal and rest breaks.
You'll need to tell us exactly what you do and where you do those duties.
Re: Unpaid over time and not given breaks
Many such commission based jobs do not qualify for OT or for minimum wage. You can contact the Labor Commissioner for a definitive answer. If they agree you have a claim, feel free to contact me for help pursuing it. If you win, you would be entitled to pay, interest, penalties, and attorney fees.
Re: Unpaid over time and not given breaks
You are entitled to overtime. You may sue for back overtime pay. Contact me directly.