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  • FL Flat Rate Mechanic, Not Getting Flat Rate. Florida

    Hi I have a question about Florida Flat Rate Mechanic laws. I have been working for a very large chain for 13 years now. About 2 years ago we went from 21% parts and labor to a Flat Rate system.

    My new plan States: Chilton Flat Rate + Menu Items or $11.02hr. My Flat Rate is $26 and is based on how many ASE you have.

    The problem I have recently is there not charging proper flat rate. For example if I do a timing belt and Chilton labor guide says it pays 3hrs, But they only put 1.5hrs of labor on the ticket! Some jobs they don;t even charge labor. This is getting out of hand I have been keeping records and in the last 4 months I have been shorted just over 3k.

    I talked to the HR Dept of our company and they came and spoke with me today. They said they can charge what ever labor they want to no matter what my pay plan says, because they can change it at anytime and Flat Rate is comission.

    I called the Payroll dept because I just could not believe what I was told. Payroll dept says they CANNOT! change labor times. WTF!!

    Whats the point of having a pay plan if they don't have to honor it. Is there any laws against this in florida, or can they just pay me what ever they feel like as long as I get minimum wage?

  • #2
    I am not a FL expert, but I would be very surprised if there is such a thing as "Florida Flat Rate Mechanic laws". FL is pretty much a "just like federal" state and federal labor law (FLSA) is pretty much just minimum wage and labor law.

    If we are talking about something other then statutory labor law, then contract law or common law would be maybe a possibility. Example, you go to small claims court and claim that you were told you were getting one pay rate and found out after you did the work that you were paid something else. That is a "common law" claim. A contract law claim would involve you taking documention to a local attorney for review, who would cliam in court that you have an actual binding contract that was violated.

    I am not saying that either of those two events is likely, but if there is no statutory labor law, that is what is left.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Sorry I worded that wrong. There is no Florida flat rate law. I was just wondering if this was legal. I don't know what constitutes a contract, But I did get in email stating what my pay was. I have a pay plan in writing I they gave me at the big pay change meeting where they sold us on how grea the new plan was.

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      • #4
        There are basically two types of law. Statutory/regulatory law is imposed by the government on the parties. Mininum wage and overtime law for example. Since it is the same law on pretty much everyone, those questions are relatively easy to answer. We (the board responsders) just ask a few questions and we generally know what the answer is after that point.

        Contract/common law is a whole lot harder. It is the law of agreements between to parties. The only answer is to take all documentation to a local attorney who will have to read it. Such law is very specific to the exact wordking of the documents, and to the local laws and court decisions. What is true in what state often is not true in some other state with contract/common law. No one on this board, has read all your documents and heard all coversations between you and your employer. We have no regular responders who are expert in FL contract/common law.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by Moto View Post
          Hi I have a question about Florida Flat Rate Mechanic laws. I have been working for a very large chain for 13 years now. About 2 years ago we went from 21% parts and labor to a Flat Rate system.

          My new plan States: Chilton Flat Rate + Menu Items or $11.02hr. My Flat Rate is $26 and is based on how many ASE you have.

          The problem I have recently is there not charging proper flat rate. For example if I do a timing belt and Chilton labor guide says it pays 3hrs, But they only put 1.5hrs of labor on the ticket! Some jobs they don;t even charge labor. This is getting out of hand I have been keeping records and in the last 4 months I have been shorted just over 3k.

          I talked to the HR Dept of our company and they came and spoke with me today. They said they can charge what ever labor they want to no matter what my pay plan says, because they can change it at anytime and Flat Rate is comission.

          I called the Payroll dept because I just could not believe what I was told. Payroll dept says they CANNOT! change labor times. WTF!!

          Whats the point of having a pay plan if they don't have to honor it. Is there any laws against this in florida, or can they just pay me what ever they feel like as long as I get minimum wage?
          Any tech worth his salt would not work for this!!! Time to quit, maybe right in the middle of a big job.

          Comment


          • #6
            This post is from 2012. The chances that the OP is coming back to look for more responses is slim, at best. Please do not post to dead threads. Thank you.
            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.

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            • #7
              Since thread from 6-2012, will go ahead & close it.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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