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  • problem in texas

    I have a problem that I am hoping I can get some help with.
    My husband works for Meineke in amarillo and his boss hired him at 9.10 hr.He is getting paid once a week and it is a "base pay" of 335.00 which adds up to only 40 hours a week. But they work 5 10 hr days.
    They have commission but only after they do 2,700 dollars worth of work.which is basically never. I am thinking that my husband is getting screwed out of fifteen hours worth of pay. Does anyone here know texas law enough to know what I can do to fix this???
    I don't think its legal to not pay overtime.
    PLEASE HELP ME!!!!
    --thanks, jegs

  • #2
    Texas Overtime

    Overtime is not required if your husband's position meets the qualification for an exempt position. You can read more about exemption at: http://www.dol.gov/esa/regs/compliance/whd/whdfs17.htm

    Texas wage law may be found at: http://www.twc.state.tx.us/customers...jsempsub7.html

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

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      new idea

      i was told that mechanics are paid differently. I was told that a mechanic can get paid only for what they work on, and that having a guaranteed "base pay" is generous. But I think that if you are hired by someone to work and make money for them, then they should get paid for the hours that they are there and working, even if that means that they are just cleaning or working on the company cars. Despite whether they are making profit or not. So how can a company get away with only paying a person for 40 hours when they are there to work for 50??
      Is there some different rules for mechanics??
      I thought salary had to be 55 hours plus a week and that they would get compensation for work done that was not previously covered by their pay.
      I just feel like my husband is getting screwed and not paid for the work he does, profit bearing or not. How can I make sure that he is not?

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      • #4
        Mechanics

        Mechanics who are employed by motor carrier companies are exempt from overtime. I would say, however, that Meinike doesn't qualify as a motor carrier company. See the following website for information on that exemption: http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm

        Your husband may be paid under a different type of pay rate than a typical hourly employee. He may be paid under a production rate system. This is typically found in mechanic shops. You can read more about it at: http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.312.htm

        Even a production worker must make at least minimum wage plus overtime. However, the method at which the rate is calculated is not the typical based on pure hours scenario. Do you think your husband is being paid under that scenario?
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          i read both of those and he doesn't qualify under either. I am not possitive what the company has his pay listed as but nothing I have found seems to make the way he is getting paid legal.
          he doesn't qualify under any exemption that i have found so he should be paid hourly correct?
          I need to talk with the man in charge of the money at meineke and find out what they are thinking. I may have missed something. I just don't think he is being fully compensated. please let me know if you find anythign else that may cover this. I don't think they qualify for salary pay, and that is the only way I can explain them getting a flat rate every week that doesn't seem to cover all the hours that they are working.
          I just don't want to sit back and watch my husband getting screwed.
          thanks for your help so far and please let me know if you find anything else that may help me.
          --jegs

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