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Thread: Flat Rate Employees California

  1. #1
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    Talking Flat Rate Employees California

    I work at an automotive dealership in California. Our techs are paid flat rate wages. They are paid their agreed upon rate when there is work, but is there any guide lines for their unapplied time? Currently we pay them minimum wage for the time they stand around. I checked the state labor laws, but I can't find information. Any thoughts on this matter would be appriecated. Thanks Warren

  2. #2
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    Wow, I could be wrong, but I read alot and came to this one sentence in the Industrial Welfare Commission Wage Orders section. It may be out of text so please stand by for other answers.

    (B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise.

    I gather by this, that as long as they are being paid at least minimum wage for the hours that they were at work, you are ok, so if they do enough piece work during the two weeks to meet the minimum wage requirement for the hours they were at the shop, you are ok. I don't know if I am wording this right so I will try to put it another way. If a worker is there for one day during this two week period, for 8 hours, and does one job, if that job is enough to cover minimum wages for 8 hours of work, then you would not have to pay that worker any extra (so if the job takes 2 hours, you do not have to pay minimum wage on top of the pay for that job, for the 6 hours that the worker stood around). Please forgive me if I am wrong, someone will definately let me know.

  3. #3
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    Bottom line: They must receive no less than minimum wage for every hour that they are required to be at work. As long as they are receiving that, I believe you're okay.

  4. #4
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    There I go again writing a book, when cbg knows how to say it in one sentence lol! Good morning cbg!

  5. #5
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    Years of experience, dear, years of experience.

  6. #6
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    At Readers Digest?
    I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

  7. #7
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    Cute, Joe. But I guess I asked for that.

    I graduated with a degree in writing. In addition to that, my husband teaches a college course in writing for the media. Keep it direct and simple.

    It sinks in!

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