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  1. #53
    Join Date
    Oct 2012
    riverside calif
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    As far as being on call if you go out on a saturday or a sunday, and work only 1-2 hours. you should get paid for four(4) hours pay. thats how i know it. Most outfits pay you for the on -call weekend, even if you dont go out to service anything. And I agree with that. so yeah get away from that job.

  2. #54
    Join Date
    Apr 2006
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    You are getting screwed. Do you have benifits, retierment and payed vacation and days off? If not, $40 an hour is crap in LA for commercial work. You need to average your pay and half pay and come up with your true rate of pay.

    In California you can only be payed straight time for over 8 hours in a day if you are on a regular scheduled alternative work week. 4/10s etc. They are having you falsify your time card to illegally skirt paying you overtime. That is a HUGE violation.

    In California over 8 in a day is time and a half and over 12 in a day is double time. There are exemtions listed in the link I posted.

    "4.If you are paid two or more rates by the same employer during the workweek, the regular rate is the "weighted average" which is determined by dividing your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For example, if you work 32 hours at $9.00 an hour and 10 hours during the same workweek at $7.00 an hour, your weighted average (and thus the regular rate for that workweek) is $8.52. This is calculated by adding your $358 straight time pay for the workweek ((32hours x $9.00/hour) + (10 hours x $7.00/hour) = $358) and dividing it by the 42 hours you worked."

    All of what I posted goes for employees. If you are an independant contractor those don't apply. If you are in independant contractor in California you need to have a contractor's liscense to do refrigeration or HVAC over $500. Anyone who is a contractor in a big city in CA working for $40 an hour and half pay for much of your work is an idiot!

  3. #55
    Join Date
    Nov 2012
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    Quote Originally Posted by mcairrepair View Post
    I'm an in house HVACR technician for a McDonald's franchise. I'm the only one in the company that does HVACR. I'm an employee not an independent contractor.

    I only get overtime after 8 hours if the call was placed the same day after 12pm. If I have a week day off and get called in for an emergency I do not get overtime. If its a weekend, however, I do. They told me if I work over 8 hours in a day I have to put the extra hours on a different day on my time card so they don't have to legally pay me overtime. I'm paid 1/2 rate for picking up parts, drive time, paperwork/administrative tasks.

    Is this normal/fair? Do you guys get overtime after 8 hours in one day regardless of when the call was placed? Are you guys on call every single week? Do you get paid the same rate for administrative stuff? Do you get commission on parts or profit share?
    Overtime labor laws state that you will be paid overtime at the rate of 1.5 times your stated salary after 40 hours of any week. The double time issues are not governed by labor law that I know of. It sounds like there is a need for clarity regarding your employment. I would craft a contract of employment language between you and your employer that would clear up any discrepancies of what is expected for both or you.

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