Crone & Mason, PLC is a pioneering law firm in the area of employee's rights, representing clients nationally in a wide range of employment related class actions and individual lawsuits, many of which with national importance, including overtime, wage and hour, personal injury, employment discrimination, financial fraud, minimum wage, and Fair Labor Standards Act -- FLSA.

The Fair Labor Standards Act FLSA is the federal overtime law setting wage and hour pay.  Crone & Mason, PLC’s overtime attorneys and lawyers wrote the following web sites seeking to educate clients and readers about mandatory overtime pay law:,, and


Commissioned Sales

Commissioned employees are covered under the FLSA if they meet certain requirements. However, employers fail to pay overtime on many occasions. 

Typical Problems

  • If you are made to wait until you are needed without the permission to leave
  • If you are forced to pay for things out of your own pocket.  Some examples include; 
    1. cash or merchandise shortages,
    2. required uniforms, and
    3. tools necessary for work.
  • If you are paid a salary but your job duties do not meet all the requirements specified by the regulations to be considered as exempt from overtime pay.

If a retail or service employer elects to use the overtime exemption for commissioned employees, three conditions must be met:


  • The employee must be employed by a retail or service establishment;
  • The employee’s regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked; and,
  • More than half the employee's total earnings must consist of commissions.

Unless all three conditions are met, the FLSA exemption is not applicable, and overtime pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay.

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