Legal Question in Employment Law in California

I'm a mechanic that gets paid by commission. If my employer doesn't charge labor for a job what are my legal rights?

Asked on 3/20/17, 11:24 am

1 Answer from Attorneys

Hi,

When you say you are paid by "commission," I assume you mean you are paid on a piece rate or a flag rate? For example, you get paid x dollars for a brake repair job, y dollars for a bumper replacement, etc.?

My firm has handled many cases involving mechanics paid in this fashion and we are very familiar with the issues that can come up with how you are paid and other issues. Generally, if your pay plan states that you are to be paid for a certain task, then you must be paid for that task. It's up to your employer to charge the customer, and it's not your problem if the employer fails to do so.

However, you shouldn't rely on advice from this (or any other) internet site. You should speak with an attorney about your specific situation. As I said, my firm often handles cases involving mechanics, so feel free to contact us, or you can look for another attorney either on this site or elsewhere.

Good luck!

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Answered on 3/20/17, 12:01 pm


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