Legal Question in Employment Law in California

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.