Legal Question in Employment Law in Pennsylvania

Re: commission based pay for auto techs

You asked about a change in pay rate.

This doesn't create an actionable issue with regard to pay as long as the company pays you equal to or greater than that required under the applicable laws (such as minimum wage, overtime, etc.).

You would be left to negotiate with the employer. If you are that productive then they would sore to lose you. Also, the allocation of work would have to be specifically metered across the board. Is there any unlawful discriminatory intent or effect of the policy change.

My suggestion is to live with this a short while and watch for any discriminatory intent or effect. This would be where higher paying work was funneled to workers on any basis other than random (such as age or even production rate).

Now the sticky part. According to recent rulings, you only have six months from the time the discriminatory action accrues to make a claim of discrimination, so you need to look at this in a compressed time frame.

I have my theories about this. But I would definitely like to hear what the results of your observations are. Keep accurate records and see if you can get a feel for what the other workers are seeing. Don't do any investigation, just keep your eyes and ears tuned. Contact me or another attorney to follow up on this matter well within the six month time frame.

Regards,

Roger