Can my employer pay me commissions instead of overtime?

In Connecticut, an employee must satisfy the following requirements if he or she is paid commissions, and not overtime:
*    the employee’s sole duty is sales;
*    the employee’s regular rate of pay is in excess of two times the minimum hourly rate (in Connecticut, this means that your total pay in a week, divided by the number of hours that you worked, is at least $17.40).
*    more than half of the employee’s total compensation comes from commissions; and

*    the employee does not work more than 54 hours per week.

Employers who improperly pay their employees commissions instead of overtime when their sole duty is not sales- that is, when they are also asked to manage employees, maintain the store, stock shelves, etc- are violating the law.  They are not allowing the employee to maximize his or her earnings by selling as much as possible, but are still keeping their own labor budgets low with the free overtime.

We have brought a case against Clarks shoe stores claiming that they violated this law for their Managers, Assistant Managers and Full Time Key Holders. Read more here: www.hayberlawfirm.com.  Let us know if you want more information about this lawsuit or if you think your employer violated this law.
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