Question about Labor Laws... Photography Studio Sales

  1. ProCW profile image81
    ProCWposted 20 months ago

    So, I've been contracted to work as a sales person in a photography studio. I make an hourly rate plus commission (very small commission). Anyway, if working more than 40 hours in a single work week, aren't they require to pay 1.5 times the hourly rate for all hours above 40? It is an essential part of the photography studio. I clock in and clock out. They provide all necessary tools for the job.

    Thanks for any input.

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    1. LuisEGonzalez profile image86
      LuisEGonzalezposted 20 months agoin reply to this

      In the United States anything over 40 hours is considered overtime and the employer is required to pay 1+half of the regular rate. For example if you make 15 per hour then the rate should be 15.00 plus 7.50 for a total of $22.50 per each hour of overtime

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      1. wilderness profile image96
        wildernessposted 20 months agoin reply to this

        Not necessarily.  Most management is exempt, as are some trades such as artists.  The laws are complex - the last time I checked you could be given (paid) time off in exchange, at a rate of 1.5 hours for 1 hour worked, and the specific days of the work week come into play as well (my last job the week began on Friday). It is not as simple as just anything over 40 hours/week.

        http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm

        Notice particularly the "outside salesman" position - from the description this might well apply.

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