What is the name of your state (only U.S. law)? Virginia
I work for a company that sells credit card machines and ATMs. I applied for a tech support job but my duty includes sales as well. I drive a company car and I do 50% tech support and 50% sales.
The pay is salary based($35k per year) and I get commissions for sales. My work hours are 8AM to 5:30PM mon-fri and 8AM to 1PM on saturdays. Total hours per week is supposed to be 52.5 hours but I sometimes arrive at the office much later than 5:30PM at the end of the day because of traffic. The company does not pay overtime even in that situation.
Am I covered under the Fair Labor Standards Act and entitled to an overtime pay? I think sales persons are exempt from Fair Labor Standards Act so I'm not sure if I'm entitled to an overtime pay. However, I do 50% tech support and I get a W-2 tax form which means I'm an employee not an individual contractor. Thanks for your help.
I work for a company that sells credit card machines and ATMs. I applied for a tech support job but my duty includes sales as well. I drive a company car and I do 50% tech support and 50% sales.
The pay is salary based($35k per year) and I get commissions for sales. My work hours are 8AM to 5:30PM mon-fri and 8AM to 1PM on saturdays. Total hours per week is supposed to be 52.5 hours but I sometimes arrive at the office much later than 5:30PM at the end of the day because of traffic. The company does not pay overtime even in that situation.
Am I covered under the Fair Labor Standards Act and entitled to an overtime pay? I think sales persons are exempt from Fair Labor Standards Act so I'm not sure if I'm entitled to an overtime pay. However, I do 50% tech support and I get a W-2 tax form which means I'm an employee not an individual contractor. Thanks for your help.
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