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How is overtime pay calculated for an employee who gets paid commission?

In determining the overtime pay amount for an employee paid commission, employers must include not only hourly earnings and/or salary, but also commissions, certain bonuses and piecework earnings. Those are added together and divided by the number of hours worked during the workweek to determine the regular rate of pay. The regular rate of pay is then multiplied by 1.5 times to determine the overtime rate.

Employers often violate the FLSA by failing to pay commission employees the required overtime pay.  If you are a commission employee who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file an unpaid overtime pay lawsuit.  \

At our top rated law firm, our experienced lawyers will provide you with a free, no obligation case review to determine if you have a valid unpaid claim. Call us today at (855) 754-2795 and recover all wages owed back to you.

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