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Flat Rate Auto Technician and Overtime California

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  • Flat Rate Auto Technician and Overtime California

    I'm sure this has been answered, but the post I read weren't as clear as I wanted them to be. Well here goes. I am a flat rate automotive technician. I like most don't understand the overtime pay. From what I know the time I am on the job after 8 hours I get 1.5 times my pay. Does not matter what I clock for my flat rate. I will give you an example. This last pay period (2 weeks) I clocked 112.4 hours. I worked a total of 92.3 hours. So how I read this is I get paid 112.4 hours and 12.3 hours of overtime pay. I make $17 a flat rate hour so I should get 112.4*17=$1910.80 and 12.3*25.5=$313.65 Totaling $2224.45 for my paycheck before taxes. Am I understanding the law correctly? Although the law seem like it could be written that for my overtime I could be paid $16 a hour because thats the minimum required to pay a technician that has to supply their own tools, right?

  • #2
    Several things.
    - You are talking about a bi-weekly (every two weeks) pay period, which is fine. But overtime is not calculated on a pay period basis, it is ALWAYS calculated on a workweek basis. So your example is not useful.
    - Let's say that Bob is eligible for the tool related CA-MW ($16/hr). Lets say that Bob is paid Flag Rates, meaning that the employer counts the number of Flags that Bob earns during the week. This is a common (and strange) Flat Rate variant in the auto repair industry, likely designed to confuse people. Bob earns 10 Flags this week, and each Flag is worth $30 (total $300). But Bob is also physically on the premises for 50 hours this week, as required by the employer, which means he must be paid at least 50 hours @ $16/hr = $800 prior to the OT calc. The base pay is fully calculated prior to the OT calc. In this case, base pay is $800 (not $300). Regular Rate of Pay equals $16/hr. Under federal rules, Bob must be paid an additional 10 hours @ $8/hr equals $80 for the OT premium.
    - CA has it's own daily overtime rules. CA does not "pyramid" overtime, meaning that the employer can get the federal overtime, or the CA 150% overtime, but not both.
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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