
Quoting
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 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!