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Non-Union Auto Mechanic (California) Commission/Flate Rate pay question

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  • Non-Union Auto Mechanic (California) Commission/Flate Rate pay question

    I am a non-union auto mechanic for a dealership in California and I am on commission pay.

    I want to know if I can refuse to work on a car that won't pay me anything. They sometimes give out jobs that are free labor, and they don't end up paying the mechanics any hours. Can they legally penalize me if I refuse to work on the car that is free since I am commission and NOT hourly? Keep in mind I am a non-union auto mechanic.

    Thank you.

  • #2
    You must be paid at least minimum wage ($8/hr) for each hour worked. It is not legally possible to do otherwise for an auto mechanic in CA. You can file a wage claim for any unpaid minimum wage with CA-DLSE.

    Also, CA rules on MW do not follow the federal rules. With federal rules, averaging on a workweek basis is possible. With CA, averaging is not possible. Each and every hour worked in CA must be paid at least MW. This is discussed (less then clearly) in the CA-DLSE manual, chapter 44.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      http://www.dir.ca.gov:80/dlse/HowToFileWageClaim.htm
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