Rights of Commission Only Paid Workers
- Employees who are paid on a commission only basis must be paid at least the minimum wage in accordance with the Fair Labor Standards Act (FLSA).
- Hours worked over the standard 40 hours are considered overtime; employees who work on a commission only basis are entitled to time and a half overtime pay for any hours worked over the standard amount.
- For employers to become exempt from paying commissioned employees overtime they must meet a certain criteria. The employer must be a part of the retail or service industry, the employee's salary must be one and a half times the minimum wage and more than half of the employee's earnings during a certain time frame must be from commission only.