6. Are Mechanics Entitled to Overtime Pay?
Most mechanics in the state of California are entitled to overtime pay. Some exceptions exist for mechanics that run their own businesses. However, if a mechanic is an employee they must be paid for overtime worked in accordance with California and Federal Law.
Overtime is calculated for mechanics in similar ways whether they are paid at flag rates or commission rates. This calculation is usually done by taking the regular rate and providing an overtime premium for every overtime hour worked. The mechanics total earnings in the week are divided by the number of hours worked; the resulting number is the regular rate. The employer must then pay a premium equal to one half the regular rate for every hour that should be paid at time and a half. The employer must also pay a premium equal to the full rate for every hour that should be paid at double time.
A mechanic may be due double minimum wage. IWC Wage Order 9-2001(9)(b) states that when tools or equipment are required by the employer or are necessary to the performance of the job, an employer can require employees to provide and maintain their own hand tools or equipment and equipment if the employers pay the employee(s) at least two times the minimum wage.
If mechanics earn commission employers must also calculate overtime, the only difference is that the mechanic may not qualify for California overtime, but they will likely still have to pay overtime in accord with federal law. Keep in mind that simply calling a flag rate “commission” will not exempt mechanics from California overtime requirements.
If you suspect that your employer has not paid you what you are entitled to contact the attorneys at Baker Law, LLP today. Call (858) 452-0093 to schedule a free consultation.
California Overtime Law Videos
To learn more about California Overtime Laws for mechanics, please watch our video below. To view more videos, please visit our video center.