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second question Texas

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  • second question Texas

    Ok, here's question #2. I am an auto mechanic in TX. We are paid on a flat rate pay scale which means a set amount of time for a particular job performed. If we have no work, we are not paid. We are required to perform a multi-point inspection on a majority of the cars we look at. There is a service line added to our work order for this and a manufacturer (GM) supplied check list. These generally take from 15-20 mins each to perform but we do not receive compensation for them. Is this legal? Can they make us
    work for free? (this doesn't sound like a big deal until you look at up to 20 cars a day). Thanks for any help.

  • #2
    Not my issue, but it would have been easier if you had kept both of your questions in the same thread. If I had not read your other question first, it would have adversely affected this answer.


    Under federal law (FLSA) Non-Exempt employees (incuding you) must be paid based on actual hours worked. Your doing mechanics work for under the Auto Dealer exception removes the overtime premium requirement only, but the other FLSA requirements are in place. What gets complicated is that you are basically being paid "piece rate". Let me give you an example. Bob gets $10 per widget and during the week does 10 widgets, or $100. While Bob is not directly paid by the hour, Bob is still subject to minimum wage (as are you). The employer is required to keep track of actual hours worked, and the employer is required to make sure that they pay Bob the greater of (for this example) $100 or minimum wage for the workweek.

    Federal miniumum wage is currently $5.85/hour, and I have no idea what TX minimum wage is. Keep track of your actual hours worked and make sure that each workweek that you are paid at least minimum wage for those hours worked.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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