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missouri flat rate labor laws Missouri

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  • missouri flat rate labor laws Missouri

    i work for a small independent shop near st. louis mo they pay flat rate. i have a couple of concerns. they dont have us clock in or out. they dont offer a guarantee every else that i have worked there was one, i thought that it was mandatory to have a 30 hr guarantee as long as you work atleast 40 hrs a week. they also dont charge labor for everything so its like sometimes we work for free. since they dont have guarantees during the slow weeks i have brought home 13 hr paychecks. they also have all the flat rate guys working 6 days a week. im just concerned because i dont think that its right for any of us to be at work for 48 to 60 hrs every week and only bring home 15 to 30 hrs a week. is any of that legal? any info would be greatly apreciated. thanks.

  • #2
    What is the employer's line of business? What exactly are your duties? Also, take a look at the following factsheet.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      the line of buisness is auto repair, and my duties are to diagnose and repair cars, and clean my bay at the end of the day. i looked at that link and it didnt answer any of my questions.
      Last edited by momech; 03-19-2008, 07:35 PM.

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      • #4
        There is a federal law called FLSA that controls minimum wage, overtime and most aspects of paying employees. The trick is that while most employees are covered by FLSA, not all are, which is I asked you to read the factsheet which you said "didnt answer any of my questions". Fair enough. My answer will or will not be correct based on whether or not FLSA applies to you.

        Assuming that FLSA applies to you, or that your state has rules that brings you under comparible rules:
        - The bases of paying employees is the workweek. This is a fixed 168 period in time that starts and stops at exactly the same time each week.
        - By your duties described, you are what FLSA would call a Non-Exempt employee (like most blue collar employees).
        - You must be at least paid minimum wage. This could be the federal limit of $5.85/hr, or possibly your state has a higher limit (or not). Minimum wage is a function the workweek. Assuming FLSA is applicable, then over the entire workweek you must be paid at least minimum wage for all hours worked.
        - Flat rates or piece work or "flags" or whatever one of the hundred-and-one dippy terms that auto repair places use legally all work the same way (assuming FLSA is applicable). Two separate calcuations must be done. One is the MW calcuation based on actual hours worked. The other is the "flat rates" (or whatever the employer calls it). Legally the employer is required to pay the higher of the two calculations.
        - FLSA (assuming FLSA is applicable) has a pretty broad definition of hours worked. There is no such thing as free hours per se, although if the flat rate calcuation exceeds the MW calcuation, then that method is acceptable. The employer is legally required to track all hours worked even if they are trying to use flat rate calcuations.
        - Overtime is more complicated. Assuming that FLSA is applicable, there is an FLSA exception for mechanics who work at Auto Dealers. Those mechanics only have no legal right to the 50% overtime premium, even though exactly the same mechanic doing exactly the same work for a non Auto Dealer would be subject to overtime. The flat rate calcuation method (if legal) also complicates the overtime calculation (if applicable).
        http://www.dol.gov/esa/regs/compliance/whd/whdfs11.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          so does that mean that we are supposed to clock in and out? also if i get hurt on the job and try to claim workmans comp can they deny me if there is no record that i am on the clock and at work working? also what is mw calculation?
          Last edited by momech; 03-20-2008, 04:04 AM.

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          • #6
            It means that the employer must keep track of your hours worked. If they want to do that by means of a time clock, time sheet, or other method, the DOL doesn't care how. If they are not doing so, I suggest you immediately start keeping your own records, and keep them at home. If you are injured on the job, you file the claim and your records will back you up.

            Minimum wage. Let's say you work 35 hours in the workweek and your total pay is $250. $250/35 = $7.14 per hour. That's above minimum wage, so there is no violation.

            Now, let's say you work 40 hours and your total pay is still $250.
            $250/40 = $6.25. That's less than minimum wage in Missouri where MW is $6.65. So, the employer would have to make up the difference so your total pay is at least $266.00.

            If the employer transacts interstate commerce, which would include ordering parts or supplies from out of state, they would be subject to the FLSA.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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