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Typically, if you are a non-exempt employee you must be paid minimum wages consistent with federal and state wage and hour laws, and also overtime pay in the amount one and a half times your normal hourly rate for any hours worked in excess of 40 in a workweek. If you are not paid minimum wages or overtime pay, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary and/or receive a commission, does not automatically mean that you are an exempt employee who is not eligible for minimum wages or overtime pay. Moreover, the fact that you agreed to your employer’s method of payment does not mean that you are not eligible under the wage and hour laws for minimum wages and overtime payments. To be exempt, your job duties and payment scheme must meet all the requirements of one of the exemptions to the overtime and minimum wage laws.
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