Flat Rate Labor Laws

[Flat-rate902]

My question involves employment and labor law for the state of: Ohio

I am an auto technician working in at a large dealership. I have been in this business for 16 years now, but with my current employer only 18 months now. I get paid by a flat rate pay system, or by the job (also known as piece work in factories). I have been researching labor laws that protect me and my fellow technicians, but can't seem to find any. It seems that the only way that we can be protected with this pay system is to join a union, which I realy would rather not!
I have two questions that I'm hoping that you can answer;

1- Normal labor laws state that any employee who works over 40 hours is entitled to over-time pay (time and a half). We are forced to work 48 to 58 hours per week, but still only recieve our normal flate rate wage. My question is that for the extra 8 to 18 hours, shouldn't we be getting paid time and a half for the flat rate hours we turn during those extra hours?

2- Hypotheticaly, I did a brake service on a vehicle and it paid 2 flat rate hours. The customer went on vacation, and wasn't able to pick up the car and pay their bill for a month. According to my companies policy, they don't have to pay me for doing the repair on the car untill the customer pays their bill. I am not a sub-contractor nor do I work for commision, so why do i have to wait a month to get paid for the work I did for the company? Are they legaly allowed to do that?

I would certainly appreciate your knowledge of any laws to protect us. I have discussed taking legal actions with many of my co-workers and many other technicians that work at other dealerships before, but everybody is affraid because it would mean taking on the state or the US government to enact labor laws for us, and none of us has the time or the money for that!

[zedex]

My question involves employment and labor law for the state of: Ohio

I am an auto technician working in at a large dealership. I have been in this business for 16 years now, but with my current employer only 18 months now. I get paid by a flat rate pay system, or by the job (also known as piece work in factories). I have been researching labor laws that protect me and my fellow technicians, but can't seem to find any. It seems that the only way that we can be protected with this pay system is to join a union, which I realy would rather not!I have never joined any union and certainly would not join one in the automotive field. Their primary intrest in lining their own pockets, then screwing the employee and employers
I have two questions that I'm hoping that you can answer;

1- Normal labor laws state that any employee who works over 40 hours is entitled to over-time pay (time and a half). We are forced to work 48 to 58 hours per week, but still only recieve our normal flate rate wage. My question is that for the extra 8 to 18 hours, shouldn't we be getting paid time and a half for the flat rate hours we turn during those extra hours?In most cases, no. The law views flat rate labor as contractor labor.

2- Hypotheticaly, I did a brake service on a vehicle and it paid 2 flat rate hours. The customer went on vacation, and wasn't able to pick up the car and pay their bill for a month. According to my companies policy, they don't have to pay me for doing the repair on the car untill the customer pays their bill. I am not a sub-contractor nor do I work for commision, so why do i have to wait a month to get paid for the work I did for the company? Are they legaly allowed to do that?Unfornately, yes. They pay as they are paid. Until the bill is paid, you are not paid. Until that time, it is considered incomplete work because the system shows the vehicle is in process of repair until the work order is closed

I would certainly appreciate your knowledge of any laws to protect us. I have discussed taking legal actions with many of my co-workers and many other technicians that work at other dealerships before, but everybody is affraid because it would mean taking on the state or the US government to enact labor laws for us, and none of us has the time or the money for that!

THis aspect of law should be eliminated altogether. The big losers are the techs because the employer charges book time, but these times are based on ideal condidtions, not real world condidtions where bolts rust, aluminum oxidizes, small parts break, etc. Book times are derived from having an operation chosen, all tools laid out in the order of need, car and parts clean and parts right on hand. Then, techs perform the repair 20-25 times {on the same car} until a best method, best time is acheived. Then, the book time is established. As fast as the over expirienced tech can do it, with all things perfected. This does not reflect real world conditions, does it? And, it isn't fair. There are laws of protection other than a minimum base pay should there not be enough work. Other than that, techs are hung out to dry.

[jk]

techs can work elsewhere if they are not happy with the pay system. No gun to their heads. Funny thing, I know many techs that beat flat rate consistantly. Wow, I guess the manuf super tech is not so great after all.

real great, a person who has never had first hand experience with a union making grand statements (and incorrect ones at that) about unions.


you might want to check some of your other incorrect info as well.