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Author
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Topic: overtime laws - flat rate
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eljefe
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Member # 1753
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posted
 
 
im a tech at a nissan dealership, i get payed flat rate and i worked 6 full days last week for a total of 47.3 hours i was there, only one day was i over 8 hours and that was a 9.3hour day. i flagged 53.2hrs of flat rate time.
i was only payed the 1.3hrs of overtime for that day, im reading the labor laws right now and it seems i should have been payed the other 6 hours since it was over 40hrs in the work week. my boss was out today so i didnt get to talk to him when the checks were handed out but another tech told me i don't get overtime like that due to being flat rate.
are there anyother techs here that get payed flat rate and know if i should have been payed my true overtime for the week? this is first time i've worked 6 days in a week here and it was ok'd by the boss and he verbaly said i would get paid overtime for it.
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1969 mustang coupe - the project
1996 mystic cobra - 13.64@105 - sold :(
2007 yaris - daily driver
Posts: 737 | From: holiday in rancho cambodia | Registered: Aug 2002
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Dag302
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Member # 4682
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posted
I found this on the net:
Dealers in most states rely on the “mechanic” exemption from overtime contained in the federal wage and hour law. [1] This exemption permits a dealership to avoid paying a technician overtime so long as the technician’s “primary duty” (normally the majority of his work hours) is the mechanical repair of automobiles and trucks. If that is the case, the dealership need only ensure that employees receive the higher of the state or federal minimum wage and that they keep an accurate record of his hours worked. The dealership is free to pay its technicians any way it wishes – flat rate, hourly or salary – so long as the total compensation paid equals or exceeds the minimum wage for every hour worked each week.
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04 Expedition 4X4
93 Cobra #822
96 Cobra
Posts: 2842 | From: Sacramento | Registered: Jul 2004
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BOTIH8R
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Member # 7295
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posted
flat rate is piece work basically.there is no overtime.you shouldnt have even got the o.t hours that you got.
Posts: 1143 | From: sacramento | Registered: Dec 2006
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BIGBALLFACTOR
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Member # 7277
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posted
i am tech at a benz dealer flat rate over time is based on a precnt off total hours worked an it would be much any ways try to get all the flat rate hours you can b/c if an when work 47 hours an the clock i need to see at least 80 hours
Posts: 6908 | From: okc | Registered: Dec 2006
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BlueOvalRacing
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Member # 1531
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posted
http://www.overtimepaylaw.us/chapter_5.html
"Piece rate
The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings. Another way to pay pieceworkers for overtime, if agreed to before the work is performed, is to pay one and a half times the piece rate for each piece produced during the overtime hours. The piece rate must be actually paid during non-overtime hours and must be more than the minimum wage.
Example: An employee paid on a piecework basis works 45 hours in a week and earns $315. The regular rate of pay for that week is $315 divided by 45, or $7.00 an hour. In addition to the straight-time pay, the employee should also receive $3.50 (half the regular rate) for each hour over 40 -- an additional $17.50 for the 5 overtime hours -- for a total of $332.50. "
Posts: 1159 | From: Pioneer | Registered: Jul 2002
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GT302PONY
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Member # 6658
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posted
is it different pay for mechanics because i get paid overtime if i go over 8 hours in one day or more than 5 days a week
Posts: 259 | From: san jose | Registered: Mar 2006
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eljefe
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Member # 1753
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posted
see what i don't get it they allways pay overtime for anything over 8hrs worked in a day, but i didn't get paid for my hours over 40 a week wich i was made to belive i was. i would have MUCH rather had the day off then the 3hrs i flagged that day because we were slow.
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1969 mustang coupe - the project
1996 mystic cobra - 13.64@105 - sold :(
2007 yaris - daily driver
Posts: 737 | From: holiday in rancho cambodia | Registered: Aug 2002
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