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  • Pay structure being changed every 6 month...

    I am a CA bodyman working in production autobody shop. Approximately 1 year ago I was placed on "Flat rate" or production time. I was producing approx. 96 hours in an 88 hour pay period. Without notice, my pay was changed to hourly. After several months & a few conversations, I was put back on "Flat rate." For the past two months my paychecks have been short approx. 10 hours per week (pd for approx 30 hrs per week), even though I may have worked 8 1/2 hours per day. Also, for the whole time I have worked for him, he has had me fill out an 8 hour a day time card, regardless of pay structure or time actually worked. Recently, I was told that because of this pay structure, I wouldn't be recognized under the Labor Laws. Is this true? Could you share any insights? Thank you!

    Also, the boss decided to be closed on our scheduled payday (tomorrow). However, he refused to sign the paychecks & said if I want it, I would have to pick it up tomorrow. Are there any regulations that apply? Thanks again!
    Last edited by ready2quit; 11-18-2004, 07:52 PM. Reason: Clearify & add to

  • #2
    Flat Rate

    A flat rate as you described is legal under federal law. The full text of the law may be found beginning at the following section of the federal code: http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.312.htm

    The question is whether this is legal under California law. I will do some research and if I can find anything, I'll post it (even if it is advice that you talk with the state to get a definitive answer).

    As far as the payday issue is concerned, you say that the shop will be closed but the checks are available at the shop, if you wish to come get them? If so, that is legal.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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