When is an employee entitled to overtime pay?

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When is an employee entitled to overtime pay?

I work in a fitness facility doing a lot of office work, I get paid $10 per hour and work 40 hours a week normally. In addition to the office duties I also sell memberships and get paid a commission on the sales. Should I be getting paid overtime for hours worked beyond the 40 set hours?

Asked on August 17, 2015 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are an hourly employer i.e. not salaried, you must be paid for all hours worked past 40 in a workweek you need to be paid at a rate equal to 50% more than your base rate. It is possible that the additional pay could be covered by your commissions, if you make/sell enough, but when you are not selling or being paid sufficient to cover the overtime requirement, you should be paid overtime by your employer.


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