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Commission-Only Workers Can Get OT, Top Mass. Court Says

Law360 (May 8, 2019, 2:50 PM EDT) -- Employees who are paid entirely on commission or advances on commission are still entitled to time and a half for any overtime under Massachusetts wage laws, the state's top court ruled Wednesday, resolving questions posed by the federal courts.

Even if the employees make the equivalent of overtime wages from their commission pay alone in a given week, the Supreme Judicial Court said, they must also be paid 1½ times the minimum wage for every hour they work over 40 per week or on Sundays.

"We conclude that draws and commissions cannot be retroactively allocated as hourly and overtime wages and...

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