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I work on commission and have to pay my employees out of my check. However I have been getting paid min wage for 80 hrs ( even if I work 90 no overtime) and have not received the commission pay after employee pay. Do I have a case?
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There is an exemption in the wage and hour law for overtime and minimum wage that covers commissioned sales people. You would need to consult with an experienced employment attorney to determine whether the the exemption applies. Additionally, as long as minimum wage is being paid, the only issue might be overtime.
Answered on Sep 10th, 2014 at 12:24 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.