Many retail positions require long hours with sales and stock staff working five or six days per week often in excess of ten hours per day. Pelton & Associates has litigated successful claims on behalf of retail sales employees within the fields of handbags, shoes, luxury apparel and telecommunications. Many retail sales and stock employees are required to work from the start to through the end of the store shift and are required to work six days per week. While there are certain overtime exemptions for commissioned salespeople, the commission sales exemption requires the employer to meet several strict requirements. So long as overtime is owed, the overtime compensation must be paid at time-and-one-half the employees’ regular rate of pay, which includes the commissions earned during the week. Retail sales employees are frequently encouraged to work additional “off-the-clock” hours each week to close sales and are often paid in combination of payroll check and cash for certain overtime hours.
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