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How to Avoid the Common Pay Problems Commissioned Employees Face

Galvin Kennedy
Founding Attorney at Kennedy Hodges, LLP

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6/22/2011
Galvin Kennedy
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The Houston, Texas overtime attorneys at Kennedy Hodges encounter them time and time again - employees who accept not being paid overtime because their employers tell them they are exempt from it, and therefore ineligible, under the Fair Labor Standards Act.

It can be difficult to determine whether or not you are exempt from overtime as a Houston commissioned employee , because depending on the period of time more than half of your income comes from commissions. However, sometimes it doesn't.

Some of the common problems that commissioned employees face include the following, according to the FLSA:

  • The employer fails to properly record the number of hours worked, wages paid, and commission earned, so overtime cannot be properly determined.

  • The employer fails to determine a designated time period during which to analyze whether or not more than half of the employee's earnings are made up of commission. This period must be at least one month, and no greater than a year.

  • Tips received by commissioned employees in the service industry are wrongly labeled as commission.

The best way for a commissioned employee to make sure that his or her paycheck is the amount it should be is to ask an experienced Texas fair overtime lawyer . The individual also should keep diligent track of hours worked and commission received. Keeping paystubs is a good way to do this, in addition to writing the exact number of hours in your calendar or dairy.

Call the lawyers at Kennedy Hodges today at 888.449.2068 to order your free copy of The Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. Or fill out this online form to schedule your complimentary case evaluation.



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