Retail Employees and Overtime

If you are a retail employee and your employer says you are exempt from overtime pay under the exemption for commissioned employees, it is very likely that you are a misclassified worker. A retail employee’s rate of pay needs to exceed 1.5 times the minimum wage, and the employee’s commission earnings must represent at least half of their overall earnings. If at least one of these conditions is not met, then an employee cannot legally be exempt as a commissioned employee.

If you are misclassified as an exempt employee, you lose the ability to earn overtime wages. If you have been working under a misclassification, you may have a wage dispute and can be eligible for back pay, including overtime wages.

If you have ever worked off the clock, used tips to calculate your “commissions” pay, or had your time reports improperly adjusted, then it is very likely that your employer owes money for unpaid wages. Retail employees can be asked to officially clock out and then complete small tasks which do not seem demanding on the surface, but will add up over time. If you work for the same company over a period of years, your employer could potentially owe you thousands for a few extra minutes spent cleaning up or returning supplies to a stock room after you have gone off the clock.

If you believe you may be owed back pay from your employer, it is important to speak with a wage dispute attorney as soon as possible. There are time limitations on how far back you can go to make a claim for back pay, so the sooner you file a claim, the more money you stand to recover.

It is important that you call now or fill out the contact form as soon as possible. At the wage dispute firm of Dunham & Jones, we will analyze your case and cover all wage claim disputes that may apply. Many clients have come to us thinking they may not have a case, but soon learned that they were owed much more than they could have imagined. The evaluation of your case is free and confidential. Do not wait and call now.

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Common Overtime Questions from Retail Employees

 

I am employed by a clothing store and am often working off the clock. I never get paid for the work I do when I am not clocked in. Can I sue for back wages?

The Fair Labor Standards Act states that all non-exempt employees are entitled to overtime pay when they have worked more than 40 hours in a week. Hours worked includes waiting on customers, working through meals or breaks, and waiting in stores after hours while management completes their closing duties. Many retail stores now do “bag checks” before employees leave the premises. Sometimes this can take several minutes to complete, and over time, these checks can take up a significant amount of time. All this time is compensable according to FLSA regulations, and if your employer is not compensating this time, you may be able to make a claim for back pay.

At Dunham & Jones, we work with clients who have claims against their employers for unpaid wages. If you believe you have a claim, call now or fill out a contact form as soon as possible. Many clients have come to us believing they may not have a claim, or it may not be worth the time to pursue it, only to discover they were owed thousands of dollars by their employer! There are time limitations on making claims though, so call now to set up a consultation with one of our attorneys now.

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I work more than 40 hours a week in a grocery store and receive minimum wage. I am never paid for overtime. Is my employer allowed to do this?

All non-exempt employees are eligible for overtime pay. Supermarket employees such as cashiers, baggers and clerks are very likely non-exempt employees, and thus are eligible for overtime pay. Your overtime pay should be 1.5 times your regular pay.

Unfortunately, it is low wage workers who are most often taken advantage of when it comes to overtime pay. The FLSA has protections for employees and the law is written in favor of the worker, so you should not fear retaliation from your employer. Nor should you allow your employer to continually violate your rights and not pay you fair wages.

At Dunham & Jones, we represent clients who are not receiving fair pay from their employers. If you feel that you are not being paid what you are owed, set up a consultation with one of our attorneys. You can call or fill out a contact form to set up your initial free evaluation. Do not wait, there are deadlines which must be met when making a claim, so contact us as soon as possible.

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Is it true that all salespersons are exempt under the commission exemption?

Exemptions for overtime must meet very specific criteria to be valid. The Commission Exemption requires that you receive more than 50% of your pay in commission and earn at least 1.5 of the federal minimum wage for all hours worked.

The answer also depends on whether you are considered an inside salesperson or outside salesperson. Salespersons are frequently misclassified and miss out on overtime wages because of this. Some employers do not understand the law, but some employers will do this purposefully to save themselves money. Even if the misclassification was accidental, you are still owed for unpaid wages.

If you believe your employer has misclassified you, and as a result you are not receiving overtime wages, you need to speak with an employment attorney to analyze your case. At Dunham & Jones, we are experienced in handling unpaid wage claims. There are certain deadlines to meet, so do not wait, and call now or fill out a contact form as soon as possible.

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I am a pharmaceutical sales representative, does this mean I am exempt?

Pharmaceutical sales representatives are often misclassified under the professional exemption or under the administrative exemption, but this is often done in error. Working as a misclassified employee can cost you thousands in unpaid wages. There are specific requirements which must be met to be considered a truly exempt employee.

The FLSA sets the standards that need to be met for exempt employees, and many employers cannot prove that their employees are truly exempt.

If you believe you are owed unpaid wages by your employer, or that your employer has misclassified you as an exempt employee, call Dunham & Jones to review your case. At Dunham & Jones, we will examine your case during a free initial evaluation and answer all questions you may have.

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