The NCDOL has sent me a citation stating that I owe an ex-employee $1955.98 in back wages
and interest. This employee was hired at $17.80 per commission hour. According to what I've always known that means: when we get a job in for say, Allstate, State Farm, Geico, etc they give or allow say 3 hours to paint a fender at my labor
rate of $44 per hour. That means I pay my collision guys (this guy was the painter) at the rate I hired them (he was hired at $17.80 pr hr) which I would pay him the 3 hours to paint that fender wether he took 1 hour or 4 hours to do it. The labor board is saying that I cant do that although every shop in NC pays their commission guys that way.
JA: Because employment law
varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
JA: Anything else you think the lawyer should know?
Customer: When this guy would turn in his total time for the week, say 25 hours, sometimes I'd bump it up to give him more pay. The North Carolina Department of Labor investigator says that I'm required to pay him time and one half above 40 hours (which would be 26.70 per hour) That's over half my hourly labor rate! All my professional life I've always been paid this way: If I have a job that pays 20 hours and I can get it done in 5, then I get paid for 20. the potential is that I can make say, 75 hours, etc. in a " 40 literal hour week" then I've make my overtime "before" I reach 40 hours.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.