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Can a Mechanic be Classified as a Retail Worker

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  • 02-08-2014, 01:57 PM
    SpawnedX
    Can a Mechanic be Classified as a Retail Worker
    My question involves employment and labor law for the state of: Rhode Island

    I am an hourly automotive service technician at a new car dealership. For the purposes of being paid overtime and holiday pay, can the company legally classify me as a retail worker?
  • 02-08-2014, 02:33 PM
    Disagreeable
    Re: Can I Legally Be Classified a Retail Worker
    Holiday pay is not mandatory. Minimum wage is. Calculate your hours as 40 + (1.5 * hrs wrkd-40) * min wage for state and your total pay check should be higher for the week under your rate wage for same hours worked. If you cannot do a job in "book time" you should be advising your supervisor so they can bill the customer if it is not your failure.
  • 02-08-2014, 02:43 PM
    SpawnedX
    Re: Can I Legally Be Classified a Retail Worker
    Quote:

    Quoting Disagreeable
    View Post
    Holiday pay is not mandatory. Minimum wage is. Calculate your hours as 40 + (1.5 * hrs wrkd-40) * min wage for state and your total pay check should be higher for the week under your rate wage for same hours worked. If you cannot do a job in "book time" you should be advising your supervisor so they can bill the customer if it is not your failure.

    I don't mean any offense, but in Rhode Island holiday pay on recognized holidays is indeed mandatory. I also am hourly, which means book time is not in play here.

    You did not answer my question or even reference it.
  • 02-08-2014, 02:59 PM
    cbg
    Re: Can I Legally Be Classified a Retail Worker
    In Rhode Island and Massachusetts, SOME employees are entitled by statute to be paid at time and a half on SOME holidays IF THEY WORK THAT DAY.

    In NO state is there a statute mandating that employees who do not work the holiday be paid for it.

    And no, I don't think a service technician qualifies as a retail worker.
  • 02-08-2014, 03:06 PM
    SpawnedX
    Re: Can I Legally Be Classified a Retail Worker
    That also does not answer my question.

    Can an automotive technician be classified as a retail worker?
  • 02-08-2014, 03:12 PM
    cbg
    Re: Can I Legally Be Classified a Retail Worker
    CAN they? If the employer wants to do so, I don't know of any law that will stop them.

    MUST they? No, as I already said, for the purpose of the law in question, I do not believe they qualify.
  • 02-08-2014, 03:26 PM
    CourtClerk
    Re: Can I Legally Be Classified a Retail Worker
    Quote:

    Quoting SpawnedX
    View Post
    That also does not answer my question.

    Can an automotive technician be classified as a retail worker?

    Why don't you tell us what your primary duties are? Are you one of those guys who works at the parts counter or are you someone who changes oil?
  • 02-08-2014, 03:32 PM
    cbg
    Re: Can I Legally Be Classified a Retail Worker
    Good point, CC. Based on what he has told us (which is really nothing but his title) I assumed he was someone who changes oil.
  • 02-08-2014, 03:35 PM
    SpawnedX
    Re: Can I Legally Be Classified a Retail Worker
    I perform basic service all the way up to complex repairs.
  • 02-08-2014, 03:59 PM
    cbg
    Re: Can I Legally Be Classified a Retail Worker
    No, that's not retail. You are not a retail worker.
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