Legal Question in Employment Law in Virginia
i work at a used car dealership, 55 hours a week. i am paid 275 weekly salary and 50.00 for every car i sell...... am i entitles to overtime? also i averaged my pay out today , and what i made divided by the hours i worked equaled less than virginias minimun wage ( it equaled 6.95 hour) am i being cheated according to va labor laws?
1 Answer from Attorneys
No, since you're probably considered primarily a commission compensated
employee (whose commission rate appears to be absurdly low) and therefore
not eligible for overtime or other compensation under Virginia or federal labor laws.
Perhaps, it's time that you to seriously consider renegotiating your commission rate or, perhaps, find another dealership venue that may be more appreciative of your salesmanship skills and therefore willing to increase your
rate of commission compensation, accordingly.
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