Legal Question in Employment Law in California

Re: mechanics fair pay

If you are commissioned you get a percent of what the company collects from the customer, regardless of the time. If you negotiate another price with your boss you are bound to it. Check to see that your boss has been fair with the commissions. Get a price from your boss before you begin a job. If you don't like the price tell your boss you want to work on something else or get a minimum wage for that job. Don't be afraid to talk to your boss about the terms of your employment - and get them in writing signed by him. Call the EDD and see if in your case you are guaranteed at least minimum wage.

Unless you have an agreement to the contrary, you are responsible for your own tools. Each job you do should include some percent which you amortize out tools that break or wear out.

You should investigate what other mechanics are being paid for similar work. Maybe find another job.

Re: mechanics fair pay

Your situation raises several wage and hour issues. First, even if you are paid commission, you are entitled to overtime pay for any hours worked over 8 in a day or 40 in a week. The method used for calculating the overtime rate is known as the "regular rate," that is the total commissions for the week are divided by the number of hours worked. Hours over 8 in a day or 40 in the week are paid at one and one half times the regular rate. Next, even though you are commissioned, you are always entitled to be paid the minimum wage for all hours worked. You are not required to perform work without payment for the time worked. Finally, California wage orders generally provide that the employer must provide hand tools and other equipment required to perform the required work, except that employees who are paid at least two-times the minimum wage (5.75 X 2 = 11.50 per hour) may be required to provide and maintain their own hand tools and equipment necessary to perform the work. As to consumable items (I'm not sure a drill bit is a consumable), these must be provided by the employer.