How2Day: California Labor Laws & Rights for Flat Rate Autobody Techs

Auto body mechanics are often paid based on the work they complete. Stockbroker/Valueline/Getty Images
Flat-rate employees often assume that being paid by the job means that they don't enjoy the minimum wage protections of salaried employees. In California, however, flat-rate employees, including auto-body technicians, must receive a minimum wage for their work, even on days when they come into work but do not receive an assignment. Moreover, flat-rate employees cannot involuntarily waive their rights to a break time, or have any provided meals discounted from minimum-wage earnings. These laws are codified under the California Labor Code.

Under the Industrial Welfare Commission Order No. 4-2001, all employers of flat-rate auto-body technicians must post a notice of changes to the California Labor code in their garages. These changes cover wage, hours and working-condition requirements for flat-rate workers.

Even if an employee is paid on a flat-rate basis, he receives at least a minimum wage of $8.00 for all hours worked. Thus, If a task that normally takes a couple of hours ends up taking 8 hours because of technical problems, the employee must be paid a minimum of $64 for the work.

Any employee that is scheduled and comes to work but is not put to work, or does not receive more than half of the usual day's work, must be given a half-day's pay. This is to be no less than two hours and no more than four hours of the employee's standard pay. However, an exception is made for stoppages due to acts of God, public utility failures, threats against the employees or property, and orders to cease work from a civil authority.

The employer of a flat-rate auto-body technician is required to furnish his employees with the necessary tools and uniforms, when applicable. If an employer requires that an employee provide her own tools, that employee cannot receive less than twice the minimum wage, $128 hours for an eight-hour work day, for hours worked.

All flat-rate workers are entitled to a paid, 10-minute break for every four hours of work performed. Any employer who does not provide the required break time must pay his employees an extra hour's pay for every day that the break was not provided.

An employee that performs at least five hours of work in a workday must receive a 30-minute meal period. The meal period may be waived, by mutual consent, for workdays of no more than six hours. Additionally, unless mutually agreed to in the employment contract, the employee must be free from all work responsibilities during the meal period. Otherwise, the employee must be paid for on-the-job meals, with the employee having the option to withdraw consent to on-the-job meals at any time.

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