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Southern California Auto Mechanic Wage Claims

Southern California Auto Mechanic Wage Lawyers

Fernandez & Lauby LLP specializes in recovering wages for automobile mechanics and technicians. We are experts at negotiating with dealerships and repair shops in order to recover wages owed to auto mechanics and technicians. Did you know that the state of California provides several protections for mechanics and automobile techs? Contact us if your current or previous employer has failed to meet any of the requirements listed below.

Automobile Mechanics/Technicians Must Be Paid For Every Hour On-Duty

Many automobile mechanics are paid based on a flat rate basis. This means that the mechanic is paid based on vehicles repaired and revenue generated, which is commonly calculated based on the number of hours flagged. However, some auto dealerships and repair facilities fail to pay all mandatory wages to flat rate mechanics. Automobile mechanics are entitled to be paid for all hours flagged PLUS be separately paid for all time at work when not flagging hours (such as waiting for work, downtime, shop clean up, attending meetings, free multi-point inspections, free diagnostic work, re-do repairs, unpaid repairs/work, test drives, time it takes to retrieve and return a car to the lot, driving to pick up parts, and any other time you are required to be at work but are not flagging hours). Additionally, you are entitled to be paid overtime wages for all hours on-duty in excess of 8 hours per shift and/or 40 hours per week.

Mechanics can generally recover unpaid wages up to 4 years prior to the filing of an action, and recovery penalties ranging from 1 year to 3 years prior to filing the action in most cases, plus attorneys fees, costs and interest. We can handle most mechanic wage cases at no charge to the mechanic, as we get paid by the employer if your case settles or you prevail at trial.

    Common examples of violations include:
  • If a mechanic spends two hours at the shop waiting for a vehicle to repair, the mechanic must be paid at least minimum wages for these two hours.
  • If a mechanic is allotted 4 hours to perform a repair and then receives no work for the other 4 hours in the shift, the mechanic is entitled to 4 hours of pay at the flat rate plus 4 hours of pay at the minimum wage rate.
  • If a mechanic flags 10 hours from 8am to 3pm, but has no work (or attends a meeting, etc) from 3pm to 5pm, the mechanic is entitled to 10 hours of pay at the flat rate plus 2 hours of pay at the minimum wage rate.
  • If a mechanic is required to redo a repair and the shop does not credit any flag hours toward the redo, the mechanic must be paid at the minimum wages for as long as it takes to complete the redo.
  • If a mechanic is on-duty for more than 8 hours in a shift (regardless of the hours flagged or time spent waiting for work), the mechanic must be paid time and a half for all additional time.
  • If a mechanic works 40 hours Monday through Friday, and works 6 hours on Saturday, all 6 hours worked on Saturday must be paid at the overtime rate.

If you were not be paid correctly at your current or former employer, you may be entitled to recover all unpaid wages, interest, penalties and attorneys fees.

Automobile Mechanics Must Be Paid Twice Minimum Wage ($20/hour) When Required to Supply Tools

Many repair facilities require mechanics to supply their own hand tools. This is legal; however, the mechanic must be paid double minimum wage (currently $20/hour) when required to bring their own tools. This additional wage required by California law recognizes that mechanics take pride in their tools and contribute a significant portion of their income to maintain and build their tool collection.

Contact Fernandez & Lauby LLP

If you suffered any of these violations at any repair facility in California within the last four years, contact Fernandez & Lauby LLP for a free consultation. Our attorneys are very experienced in representing auto mechanics and other piece rate workers, and we typically handle these cases on a contingency fee basis such that you are not required to pay any fee unless you recover.

Current Class Action Lawsuits

We are currently engaged in lawsuits on behalf of our clients with the following repair facilities for unpaid wages and other violations. If you worked at one of these facilities or another, and wish to provide information or make a claim, please contact Fernandez & Lauby LLP for a free consultation.

  • Airport Marina Ford
  • Crown Toyota
  • DCH Oxnard
  • Mossy Ford
  • The Pep Boys - Manny, Moe & Jack

 

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We make it a priority to provide outstanding legal support, advice and representation for clients throughout Southern California. From class action litigation involving groups of employees to individual representation for one employee, we are focused on building strong solutions for clients.

Talk to us first. Call an office near you, or contact us by e-mail to arrange a consultation.

News & Features

Follow FernandezLauby on Twitter

--- Wednesday, June 29, 2016 ---

We just released a new page detailing critical wage information for California truck drivers.

--- Thursday, June 9, 2016 ---

Check out a new short article by Fernandez & Lauby regarding paid vacation benefits.

--- Thursday, November 12, 2015 ---

One of our employment attorneys discusses the details of missed meal breaks in her recent article, Hunger Pain Blues. Explore the legal details, penalties, and required extra pay regarding missed meal breaks in California.

--- Wednesday, November 11, 2015 ---

Trial Victory -- Fernandez & Lauby attorney, Brian Mankin recently prevailed at trial on an employee's individual unpaid wage claim in San Bernardino County Superior Court. The employee claimed that he was required to work more than 8 hours per day and/or 40 hours per week, but was only paid for 40 hours per week. He also claimed that he was given inaccurate wage statements. The employer claimed that it did not owe any additional wages. Mankin filed a lawsuit for failure to pay minimum wages and overtime wages, as well as failure to provide breaks and accurate wage statements. Following trial, the court awarded the employee his unpaid wages, interest and various penalties, plus the employer was required to pay approximately $60,000 in attorneys fees and costs to Fernandez & Lauby. If you were denied wages, misclassified, not given all required breaks or have any other concerns about your pay or working conditions, feel free to call, or email, the employment law team at Fernandez & Lauby for a free consultation. Most unpaid wage cases are handled by the firm on a contingency basis, meaning you don't pay unless you win.

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