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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I have been working for Frito-lay for 36 yrs. as a route salesman

Resolved Question:

I have been working for Frito-lay for 36 yrs. as a route salesman in Texas. I am paid commission plus "variable rate overtime" witch means the amount of hours I work for the week is divided into the amount of commission I have earned for the week. I work about 74 - 80 hours a week , it is to the point that I am ready to give up this job, because my body just can't take the long hours anymore. I am 59 1/2 yrs. old, and can't work like a
20 or 30 yr. old , which on average works about 50 - 60 hours.
I feel this totally unfair the way we get paid overtime. Any discriminating about this?

Thanks, XXXXX XXXXX
Submitted: 6 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 years ago.
I'm afraid that I don't understand your question.

If you work 80 hours in a week, what would your overtime pay be for each of the 40 hours of overtime?

And when you say discrimination, that's an entirely different issue. Are you saying that someone else is being paid overtime differently based on their race, religion, age, gender, disability or FMLA use?


Edited by Jagcorps_esq on 12/21/2009 at 10:15 PM EST
Customer: replied 6 years ago.

As for as the overtime the more hours I work the less per hour I get paid.

as for as discriminating.. the older we get the slower our body works, witch in turn comes out that I am making less per hour as sombody younger and faster.

Expert:  Allen M., Esq. replied 6 years ago.
Unfortunately, the overtime issue is covered under Federal law and that is simply how commission based variable overtime is figured out. You can read it here.

As for your inability to work as much, that is simply not an issue that is going to be considered discrimination by the employer. If the employer were firing older people and replacing them with younger people, that's discrimination. If the employer paid the older people less per hour, just because they were older then that is discrimination.

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