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Overtime pay laws, Overtime Lawyer Wage Attorney > General Overtime Questions > Can I be non-exempt if I am paid on commision?

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Yes, you can still be non-exempt and entitled to overtime even if you are paid on commission. If you are on outside sales person, however, you might not be entitled to overtime. It still will ultimately depend on your job duties and how much time you spend performing them. A non-exempt employee must spend more than half of their work time performing non-exempt job duties. California labor law attempts to define what distinguishes exempt duties from non-exempt duties. Many people consult with labor lawyers for clarification on this issue.

Last updated on May 23, 2012 by Employment Lawyers BNB