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Info on mechanic pay rights Texas

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  • Info on mechanic pay rights Texas

    I'll try to keep this short, but I have a few questions. I am an auto mechanic in TX. I know we are OT exempt but what about the "suffer-permit to work"
    portion? I am paid on a flat rate scale (if there is work, I get paid per job-no
    work, no pay) For example. I do a tune-up, it pays 2 hours to do and I complete it in 1 hour. I get paid for two hours. If I then do nothing the rest of the day but am required to be there for 9 hours (7am-5pm) am I entitled to
    the "hours worked time?" I'll post my other questions in seperate threads,
    thanks.

  • #2
    This one I am not sure about. I know what the basic rules are, but never hard researched it enough to have a comfort level with just where the lines are drawn. The three federal regulationas are 29 CFR 785.14, 785.15 and 785.16. The webpointer will take you to the first regulation and you can <NEXT> to the other two regulations.

    The key seems to be when the employee is freed from all duties and responsibilities for a definite time and has time to pursue personal business before returning to work (per The Payroll Source book). However I have not read any opinion letters or other DOL source documents on this subject, and have no feel for where DOL in practice separates these out.

    Perhaps another responder has a better feel for this then I do.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.14.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      My understanding is that even though auto mechanics in a auto dealership are exempt from overtime, they are not exempt from the minimum wage. Therefore, in a workweek, as long as your gross pay divided by the number of hours worked (including waiting for work at the facility, which is "hours worked") is at least minimum wage, there is no violation of law.

      I would note that this exemption from overtime is not available for independent auto repair facilities, such as a Midas or Goodyear.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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