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Flat-rate Mechanic, maximum hours- Tennessee

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  • Flat-rate Mechanic, maximum hours- Tennessee

    I work for a tire company as a flat-rate mechanic. I due to the economy I had to take a substantial pay-cut just to have this job. I only get paid for the hours I supposedly turn. However, my boss keeps pulling things like reducing pay on flat repairs by a third on warranty claims from what the other shops under our name pay so it doesn't effect his bonuses. I also frequently find I'm not getting paid for jobs that are come-backs (mistakes) I had to correct for work done by other mechanics and repaired free-of-charge to the customer.

    Now, two days ago the boss calls a meeting and said that he was unhappy with how the mechanics keep the shop, so if anything doesn't fit his idea of compliance, the whole shop goes to being scheduled for 11 hours a day and 6 days a week. Well, the next day I come in and punch in at 6:57am when I'm not due to be on the clock until 7am. He claims it's my fault that we now have gone to 6-days a week because he expects all employees to be on the clock at-least 5 minutes before our shift. We all now have to stand around for 66 hours a week but due to lack of work we might get paid for 30-40.

    This man only has his job due to nepotism. His father retired from high up in the corporate end of this company and everyone is scared to challenge him because of all the people the company has allowed him to fire for very small offenses after they have complained to corporate for the things this guy has pulled on his employees. I watch this guy rip his employees off, customers off and the company off every day and nothing comes of it. It makes me dread going to work.

    I'm just wondering how many hours he can force us to be at work under flat-rate when there isn't enough work to justify our presence? 66 hours a week with only 1 day off is a bit much, and he's talking about us all going to 7 days a week.

  • #2
    All the law requires is that you be paid the average of minimum wage for all hours worked in a workweek and overtime pay (since you do not work for an auto dealership) when you work over 40 hours in a workweek. If you are required to be there, whether you're "doing anything" or not, those hours would be "engaged to be waiting" and are compensable hours worked.
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