Auto mechanics often get paid by “flag hours” where their compensation is based upon the value of a particular repair. The auto mechanic will get paid a fixed number of hours at their regular rate for a repair regardless of how long it actually takes. But what about the other hours during the day? Just because your employer can take your flag hours and divide it by your total hours worked and come up with an hourly rate above minimum wage, does not mean they are paying you correctly.
A 2013 California appellate court case, Gonzalez v. Downtown LA Motors, clarified that employers must separately calculate an employee’s non-flag hours and pay at least minimum wage for all those hours. For example, if you are cleaning up the shop or waiting for a vehicle to repair, those hours are separate from your flag hours, and must be paid in addition to your flag hours. California Law requires an employer to pay their employees at least minimum wage for every hour worked.
Moreover, Labor Code Section 510 requires that employees get paid one and one-half times their regular rate of pay for all hours worked in excess of 8 in one day or 40 in a work week. If you are an auto mechanic, you probably get paid for all hours that you “flag” while working on automobiles. But, if you are not getting paid separately for your non-flag hours, or you are not being paid overtime, you have a right to recoup those wages.
If your employer owes you wages, whether minimum wages or overtime wages, call the unpaid overtime specialists at George Bean Law at 714-904-9338