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View Full Version : Double min. wage using own tools? where is the labor code? California


gkinca
10-31-2006, 08:17 PM
In a job I worked for 2 years as a mechanic in Santa Clara, CA, I used my own tools, but used a company supplied tool box. I would guess about $2k to $3k of the value of my tools in their box.

I was an hourly employee. Most mechanics are paid by piece work. I started around May 2003 at $12.00, then got a raise somewhere in there to $12.75. I believe in 2003 the min wage was $6.25, then raised to $6.75 in 2004 or something like that.

I found this:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2695.1-2695.2

See section 2695.2 (b)(1)

This law applies to sheepherders and that they get double min wage if they use their own tools. I used my own tools to work on the cars. Also, I haven't been employed by them for over a year. This dealership is owned by a very large family company with very deep pockets. Should I go to them and show them the law (if it applies) and hope they pay? I estimated I should be entitled to about $3500, which of course I'll probably have to pay taxes on. Also, I scoured parts of the labor law and didn't find anything, but I could've missed something.

thanks in advance
Greg

Pattymd
11-01-2006, 04:04 AM
Um, were you a sheepherder? :rolleyes:

gkinca
11-01-2006, 06:26 AM
no, but I have heard my current service manager say that if a mechanic uses his own tools he has to pay at least two times minimum wage.

tdpass1
11-01-2006, 08:39 AM
Actually, it is part of the wage order not the labor code.

http://www.dir.ca.gov/IWC/IWCArticle4.pdf

Be careful though. The wage order says double min wage is due if they do not supply the tools. If you are choosing to use your own, it won't apply. It has to be part of the job, and they are not providing you with the tools to do your job.

Pattymd
11-01-2006, 09:35 AM
Thanks, tdpass1. Just goes to show ya, don't look ONLY at the link provided by the OP. :p

ScottB
11-01-2006, 09:39 AM
California just gets weirder and weirder.

The good news is that I am program chair for our state staffing association and, at the next meeting, we will have a short program called "And you think WE have it bad?"

I will hand out the California requirements and give them a sample "test." Should be fun, so long as none of the attendees show any of our elected representatives the CA documents.:eek:

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