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made to work 50 hrs Tennessee

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  • made to work 50 hrs Tennessee

    i'm a mechanic who works on commission. my dealer is thinking of changing work hours from a required 40hr to a required 50 hrs a week, can they do this with or with out paying me for the extra 10hrs a week

  • #2
    Yes, they can change your schedule to require that you work 50 hours.

    I'll let one of the payroll people address the pay schedule.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Yes, you can be required to work 50 hrs. a week - I'm not sure about the other part of your question - Patty or DAW should be along.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Patty's along, but this is not my area of greatest expertise. I will set it up for DAW in the morning, though.

        Do you work for an auto dealership?
        Are you talking about being paid on the "bill rate" method?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          This is not exactly rocket science, and I suspect that Patty knows the answer just fine.
          - There is a 100% chance that for each workweek that employer is required to pay the employee (at least) the greater of federal or state minimum wage (MW).
          - Overtime is more complicated. There is an overtime exception for mechanic's working at Auto Dealers, even though the mechanic doing exactly the same work at say a gas station would be eligible for overtime. If overtime is required, then the employer is required to pay overtime for all hours worked past 40 in the work week. This would be a 50% premium against Regular Rate of Pay (RRP). The RRP could be MW or could be based on the employer's piece work (or whatever they call it) calcuation.
          - Whether the employer says that they are paying commission or piece work or "flag rates" or whatever dippy name they come up with, the MW and maybe OT requirements remain. Whatever method the employer is using to calculate gross pay, a 2nd calculation must be made to ensure that the employee is being paid (at least) minimum wage (and overtime if applicable). The employee is paid the greater of the two calcuations.
          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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          • #6
            yes i work for a autodealer. i'm paid per flag hour,if a job pays 2.0 hrs in a manual and it talks 1hr i get paid for 2 flag hours. i get a percentage of the labor rate per hour .

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            • #7
              thanks for all the help everyone

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              • #8
                Originally posted by DAW View Post
                This is not exactly rocket science, and I suspect that Patty knows the answer just fine.
                It was 2 a.m. Patty was not thinking clearly.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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