Title: Overtime and lunch
I work at a car dealership parts department. Currently I have a guarantee and paid twice a month. On the beginning of the month is my commission with a months worth of taxes and insurance deducted and the so called “Draw” or “Advance”.
The draw check comes about the 3rd week with nothing taken out. My question is when we work a Saturday as a 6th day for 6 hours, are we entitled to overtime and a lunch break? The dealer is supposed to restructure our pay plan soon. But what about the overtime worked in the past 6 years too?
Hi D.,
Thank you for your question. My answer would depend on whether you are considered an “exempt employee.” From just your question, there is not enough information for me to know whether you are an exempt employee.
If you are not exempt, then you are entitled to overtime, lunch breaks, and rest breaks. But if you are exempt, then you would not be entitled to overtime and lunch breaks.
However, many car salespeople are non-exempt. If that is the case for you, your employer is required to keep a record of all hours you worked to ensure that you were paid a minimum wage. And time spent on tasks unrelated to the earning of a sales commission (including time spent on rest breaks) must be separately compensated at a rate that is equal to at least California’s minimum wage.
If you are non-exempt, you are likely entitled to backpay for your missed lunch breaks and unpaid overtime. I would strongly encourage you to contact our office as soon as possible: (855) 670-1267.
In any event, I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I hope to hear from you soon.