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Thread: mechanic flat rate laws California

  1. #1

    Default mechanic flat rate laws California

    I`m new here and I have a few questions regarding the flat rate pay system at independant repair shop. First, is the employer required to have a time clock to monitor the times if the machanics are flat rate? When I worked for dealerships we had flat rate cards even though we were hourly and still needed to add up the flat rate times nd the "W" times. How do they know when you start or how long you take without one? Second, if a mechanic is flat rate, is the hours billed to the customer suppost to be on the repair order? Meaning if I get a job that says" Replace engine assembly". Should it say how many hours I`m given to do it in? When I worked for dealerships as a hourly mechanic they listed the times charged for each job line. Last, if the employer decided to change the mechanics from hourly to flat rate is there any notice they need to give? Also, as a mechanic required to sully my own tools, is the employer suppost to pay at least double minimum wage? I was told this by a manager at a dealership I worked for but the independant shop didn`t follow that rule so I don`t know if it`s a law or not. Thanks.

  2. #2
    Super Moderator
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    Auto mechanics not working for an Auto Dealer must be paid at least minimum wage and must be paid overtime. These are Non-Exempt employees for whom the employer is required to track actual hours worked.

    If you are looking for a law that actually mentions billing rates or what customers are charged, no such law exists.

    CA does have a rule specific to employees who provide tools. The word "sully" does not appear anywhere in this rule.

    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    9. Uniforms and Equipment

    (A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term "uniform" includes wearing apparel and accessories of distinctive design or color.

    NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.

    (B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools andequipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
    Senior Member
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    DAW: Auto mechanics not working for an Auto Dealer must be paid at least minimum wage and must be paid overtime

    All auto mechanics (those who work for dealerships and those who do not) are entitled to minimum wage and overtime premium pay.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

  4. #4
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    Agreed. The federal rule I cited is not supported in CA.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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