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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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We are a tire and auto repair shop located in South

Customer Question

We are a tire and auto repair shop located in South Carolina. I am curious if mechanics that are paid flat rate hours are eligible for overtime wages.
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: I was told previously that we had to compare their flat rate wages to their hourly wages (with overtime) and pay what ever is more. Is that correct?
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: These employees have provided their own tools. (I was told that was a factor in this determination as well)
JA: 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 connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

The question you ask can be business specific and can be quite complicated, as you likely already now. Motor transport companies that carry people or property may exempt a mechanic from overtime pay if his job impacts the safe operation of the transport vehicles. In order for this exemption to apply, however, the people or property transported must be moved across state lines or to another country. This exemption may not apply to mechanics who work on vehicles that weigh less than 10,000 pounds. Mechanics employed by car dealerships are also exempt. Businesses in the amusement and recreation industries may also be able to exempt mechanics and other employees from overtime pay if the establishment operates no more than seven months during the year and doesn't exceed certain income requirements.

Here is a link to the US Department of Labor site on this issue as well:

In most cases, a tire and auto shop mechanic is not going to be exempt from overtime requirements. In an abundance of caution, I typically have clients contact the US Dept. of Labor and get a business specific opinion in writing. That gives you some "tail" coverage in the event you elect not to pay overtime.

Let me know if you have any other questions or comments. Please also rate my answer positively (Three or More Stars).

Best wishes going forward!