Overtime Pay for Merchandisers

In almost all cases, retail sales merchandisers are entitled to be paid time and a half (possibly more in California) for all overtime hours they work. A merchandiser’s job typically includes making sure placements of product(s) are fully stocked, correctly signed, properly faced, and set to schematics.

Many large retailers outsource the tasks of merchandising, category management, staging and marketing services in an effort to reduce costs. Unfortunately, one of the reasons they are able to reduce costs by outsourcing these merchandising jobs is because many of the companies to which the work is outsourced do not pay their employees for working overtime. Instead, some merchandising companies pay their workers straight time for all hours worked or a fixed weekly “salary” regardless of how many hours are worked. Even if paid a weekly salary, the vast majority of merchandisers are still entitled to be paid a premium for their overtime hours. This failure to pay overtime is unlawful, grossly unfair to the individual workers and is also unfair competition – giving an advantage to companies who break the wage laws over those companies who comply and pay proper overtime wages to their merchandisers.

Merchandising workers are often required to work well over 40 hours a week, frequently more than 70 or 80 hours per week, but are not paid overtime compensation as required by federal and state labor laws. While The Fair Labor Standards Act does not prohibit employers from forcing their employees to work large amounts of overtime, it does require that they pay overtime to non-exempt hourly employees who work more than 40 hours per week (or 8 hours per day in California) at a rate equal to one-and-a-half times their regular rate of pay.

If you are a current or former merchandising worker and believe that you may have a wage laws claim or would like to get more information, please call us at 1-866-559-0400, email us at [email protected] or submit your information using our convenient Case Evaluation form for a FREE and CONFIDENTIAL review of your circumstances.


Client Reviews


A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.


After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.


We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.

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