Questionable pay policy

[RRevak]

What is the name of your state (only U.S. law)? sunny south FL

Curious question. I'm sure its prob legit but I figured I'd ask anyway.

Hubs works for a company in which the employees wages are hourly on a per job basis. In other words, its an automotive repair shop in which the employees are paid by the job. They are expected to work a 40hr work week. Over the last year though, due to the economy, they have seen a large amount of work disappear which means that a 40hr work week isnt always possible. Sometimes its closer to 25 or 30 (if things are good that week).
The crummy part is that the company has a policy that states for every hour the employee works below 40 an amount is deducted from their pay. Its at the rate of $2 for every hour. This occurs even when the employee is present for an entire work shift but doesnt get jobs, meaning they may be present the entire shift but due to lack of work may only work 4 recorded hours that day. Is this legal? Is it legal for a company to take money away from an employee for not working a 40 hr work week when its through no fault of the employee?
Thanks in advance FA guru's

 

[pattytx]

Hubby must be paid the equivalent of minimum wage for all hours worked. That's all the law requires. And sitting there waiting for a job to come in to work on is "hours worked".

If that is not happening, since you are in Florida, his only options are a wage claim with the federal (not Florida) Dept. of Labor or a civil suit in the Florida courts. I believe they have a regional office in Tampa.

 

[RRevak]

Hubby must be paid the equivalent of minimum wage for all hours worked. That's all the law requires. And sitting there waiting for a job to come in to work on is "hours worked".

If that is not happening, since you are in Florida, his only options are a wage claim with the federal (not Florida) Dept. of Labor or a civil suit in the Florida courts. I believe they have a regional office in Tampa.

Except they do not get paid for those hours. If they have a 9 hour work day, but only get a few service jobs that pay a total of 4hrs for the day, those 4 hrs are the only hours they receive pay for not the total hours they've sat. They are required to be "on the clock" but arent getting paid to do so until they receive a job that has a noted number of hours.

 

[swalsh411]

Then file a claim. They have to be paid for all hours including sitting around waiting for work to come in.

 

[RRevak]

Then file a claim. They have to be paid for all hours including sitting around waiting for work to come in.

Even if its a dealership service department setting? And if i'm reading Patty correctly, its legal for them to dock pay based on working less than 40hrs for the week even if present for the full 9hrs all 5 days of the week?

 

[pattytx]

Even if.

You did misunderstand me; or at least you misunderstood what the law requires. If he's sitting there waiting for work for 40 hours, then he must be paid no less than 40 * $7.25. If he is paid at least that, there is no violation. If he's sitting there waiting for work for 50 hours, then he must be paid no less than 50 * $7.25 (there is an exception re OT premium-the half-time portion-for auto dealerships).

 

[RRevak]

Even if.

You did misunderstand me; or at least you misunderstood what the law requires. If he's sitting there waiting for work for 40 hours, then he must be paid no less than 40 * $7.25. If he is paid at least that, there is no violation. If he's sitting there waiting for work for 50 hours, then he must be paid no less than 50 * $7.25 (there is an exception re OT premium-the half-time portion-for auto dealerships).

OK I think I've got it. So say he gets to work at 8am but doesnt get his first job till 11am, he must be getting paid at least some amount for those 3 hrs? Then if the job ends at 1 and he sits again till 4pm where he gets another job till he leaves at 5 he must be paid for those 3 hrs as well?
Is there any way you could point me in the right direction as to where to find the necessary statute for FL dictating this? I attempted google but it was unclear...I found something about exemptions for certain jobs but no specifications as to which ones.

 

[pattytx]

Let's extrapolate that and say he does that for five days in a work week, and each day he takes an hour lunch. That's 8 hours per day, 40 hours in the workweek. 40 * $7.25 = $290.00. Anything less than that is a violation of the Fair Labor Standards Act. Here is the FLSA regulation that defines "engaged to be waiting":
https://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.15.htm

 

[RRevak]

If a complaint is filed is there a way for the employer to know who filed it? I'm afraid if any form of action was taken that the company would simply fire the individual who filed and be done with things.

 

[pattytx]

Of course. The DOL can't investigate HIS pay and get HIM paid without knowing who he is. Are you saying that, in the example I posted, he would NOT gross at least $290?

 

[Dave1952]

When I get my hair cut it's not uncommon for the barber to be an independent contractor who rents a space from the owner of the barbershop. This sounds an awful lot like the situation that the OP is reporting. The mechanic is billed $2/hr for his bay, whether he works or not.
The OP is not the mechanic but is the spouse of the mechanic. I'm wondering if the mechanic is an a employee or a contractor.

Good luck