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Company closed pay Virginia

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  • Company closed pay Virginia

    I am a mechanic in richmond, va. As most of you know we had a good deal of snow monday. I showed up to work on monday. I am a %100 commission paid employee. paid an hourly rate for work performed.

    If the company was closed that day. I show up monday (early at that) clock in. then find there are no managers present and no way to do my job....

    I am being denied pay for monday and the company was not even open for business. shouldnt this be just like a holiday?

    I do not know if I am considered an exempt or non-exempt employee

  • #2
    We need to be careful about definitions here but it is almost certainly legally impossible for a mechanic to be paid on a 100% commission basis that ignores actual hours worked. To be certain we need to know exactly what type of mechanic and what the industry is. I can say that almost all mechanics must be paid at least minimum wage for all hours actually worked and most mechanics must be paid overtime for all hours worked past 40 in the workweek. This is black letter federal law that the employer cannot get around.

    However, what you describe is no actual hours worked. You can correctly say that this is not your fault, but federal law does not care. Federal law is fine with saying "no hours worked (for any reason) means no hours paid". A very few states have something called "show up" or "reporting time" but I do not remember VA as being one of those few states. Still, your state is not my state, and I do not know your states rules.

    A "mechanic" who actually works as a "mechanic" is not Exempt. A mechanic who supervises 2 or more full time people could be Exempt, not because they are a mechanic, but because they are a supervisor.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      I read somewhere stating that if I am UNable to perform work during a scheduled work period due to the employer and no fualt of my own that it must be paid.
      I am an automotive mechanic at a car dealership.
      The pay works as so.
      A brake job pays 2 hours.
      If I make $20 per hour then i get paid 40 dollars for a brakejob.

      So I have a set hourly rate. But the pay system is dependant on hours turned.

      If I show up to work every day (it very uncommon if I am not half hour early everyday) I am clocked in for approx. 48 hours a week. we are required to be clocked in 43 hours. If there are no cars to work on, then I could go home at the end of the week for a check paying only a few hours.

      Clocked in for 48 hours
      Paid for 12 hours

      nothing I can possibly do to increase my work.


      • #4
        Don't know where you read that, but it is ONLY true for exempt employees. Since you are being paid an hourly rate, you are not exempt.

        Not your original question, but your total "job rate" for the week, when divided by your hours worked (and sitting around waiting for a repair to be done is work hours), must equal at least minimum wage. If it does not, the employer is in violation of the minimum wage requirements of the FLSA.

        If you work for a dealership, overtime preiums are not required by law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Thank you for the replies.
          Very helpful


          • #6
            I am still confused on whether I should have been paid for monday or not.

            normal scheduled work day. no manager's showed up.

            Basically what happened is. they didnt officially close for the day.

            EVEYRONE called out of work that day including all the managers.
            So instead of closing they just said we are open but everyone called in sick.


            • #7
              If you didn't work, you don't legally have to be paid.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


              • #8
                even though me working is reliant on the dealer to provide it to me?

                If they are not there then it is impossible for me to work. not to mention I am not ALLOWED to work in the shop unless other people are here. Insurance rules


                • #9
                  Yes. Even if.

                  You are a non-exempt employee. With very, very limited exceptions that do NOT apply here, a non-exempt employee NEVER has to be paid when they do not work. Regardless of the reason he did not work.

                  Even if the manager didn't show up and you did. Even if it was a snow day. Even if.
                  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.


                  • #10
                    that sucks