Legal Question in Employment Law in Texas

Overtime pay regarding commision and non commisioned jobs

My company allows me to work 40 hours of non-commisioned security work (without a weapon) and an additional 40 hours of commisioned work (with a gun) per week. The pay is 7/hr non-com, and 9/hr com. If I worked over 40 hours a week, wouldn't they be required to pay me overtime regardless? They asked me to sign something where I would trade my overtime for payed time off, but either way I would be compensated the exact same amount, right?

Thank you very much


Asked on 7/15/04, 9:43 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Overtime pay regarding commision and non commisioned jobs

Yes, you are likely entitled to overtime pay for all hours worked each week in excess of 40. Those hours can not be "traded" for "paid time off." That solely benefits the employer, and violates the law.

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Answered on 7/16/04, 11:39 am


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