who pays for a helper

D

dondy

New Member
Jurisdiction
Indiana
I am an auto body repair tech. My pay is by commission or flat rate. My manager is now wanting to make me take on a helper (apprentice) that will remove percentage of hours from the pay that I turn in a day. I have been made to do this in the past and could not understand how it can be legal to take my pay to pay someone else. If I turn 80 hrs, not worked 80 hrs, they will remove time from that to pay for this person. This person is someone who is trying to learn the trade. I'm the one teaching and showing this person and paying for their pay. Is it legal for me to have to pay for this. Time is lost in the teaching and showing of things. More in the beginning than later. Just when you start to make a little from this. They want to take them to be a lower wage bodyman so they can profit from it.
 
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Why worry about the legalities of such an arrangement?
It's certainly unethical, in my view.
If I were you I'd take my tools, knowledge, and skills to another employer.
Why?
Because after you train the newbie, you're probably going to be fired anyway.

The practice is probably illegal, and you'll never get enough to compensate you for the loss of your dignity.

What your employer is doing to you is shameful, distasteful, disrespectful, disgraceful, and pitiful.

Your employer is effectively pimping you and the newbie.
 
It is actually a fairly common practice and the theory is that you will be booking more hours because of this person's help doing the easy stuff, which frees your time to book more hours on the harder stuff. Whether it really works out that way in reality remains to be seen. I recently had a technician who wanted to enter into this type of arrangement with his son. I asked someone to research the legality but he did not get back with me yet. You can probably call the department of labor.
 
army judge said:
Why worry about the legalities of such an arrangement?
It's certainly unethical, in my view.
If I were you I'd take my tools, knowledge, and skills to another employer.
Why?
Because after you train the newbie, you're probably going to be fired anyway.

The practice is probably illegal, and you'll never get enough to compensate you for the loss of your dignity.

What your employer is doing to you is shameful, distasteful, disrespectful, disgraceful, and pitiful.

Your employer is effectively pimping you and the newbie.
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There is no fear of ever being fired. My skills are of high demand. I hate moving from shop to shop. I just started this job in January and would like to continue there. I would like to have some sort of reference to put a stop to this before it starts.
 
txls said:
It is actually a fairly common practice and the theory is that you will be booking more hours because of this person's help doing the easy stuff, which frees your time to book more hours on the harder stuff. Whether it really works out that way in reality remains to be seen. I recently had a technician who wanted to enter into this type of arrangement with his son. I asked someone to research the legality but he did not get back with me yet. You can probably call the department of labor.
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This issue has been around a long time in my field. The department of labor has never been any help in the matter. They always want employer info. I'm not looking to screw the company with getting the dol involved. This has never worked out. They take people that are not apt to the task to eat away at my paycheck and possibly render them a low grade person they can pay less on the labor rate. making them more money at my expense.
 
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dondy said:
There is no fear of ever being fired. My skills are of high demand. I hate moving from shop to shop. I just started this job in January and would like to continue there. I would like to have some sort of reference to put a stop to this before it starts.
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As you admitted, this practice is rampant in your line of work.
The government doesn't care, and probably won't do anything.
If your employer cared about you, valued your work, he or she wouldn't be screwing you.
That leaves you with a choice.
I wish you well.

Don't expect the courts to be helpful, either, as the courts are part of the government.

You've got skills, take them where you are treated like the valuable resource and human being you are!!!
 
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army judge said:
As you admitted, this practice is rampant in your line of work.
The government doesn't care, and probably won't do anything.
If your employer cared about you, valued yoru work, he or she wouldn't be screwing you.
That leave you with a choice.
I wish you well.

Don't expect the courts to be helpful, either, as the courts are part of the government.

You've got skills, take them where you are treated like the valuable resource and human being you are!!!
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You are most likely rite. That is why I'm pursuing legal info for present and future use as these problems arise and will arise again at other jobs. I've been doing body work for over 33 years and had 6 helpers 2 worth the effort. None still in the field. The effort is a lost effort.
 
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What I was looking for was more of maybe some sort of legal case law listing or something to put the stop to this. Anybody?
 
adjusterjack said:
Why don't you just say no to your employer?
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wow now I never thought of that just say no. You have never worked in my field. You do not understand what kinds of he-- can be made. Not to mention the effects it can have on your pay. This is not the legal advice I need. This shop has made all employees do this in the past. He tabled the idea a month ago. Now one man has quit and now he wants to push the issue. I will walk out the door if it is forced on me. If I had legal grounds on this I could stop it for me and my co-workers. Sorry for sounding off here but no has been tried in the past. Changing jobs rite now is not a good option rite now.
 
dondy said:
What I was looking for was more of maybe some sort of legal case law listing or something to put the stop to this. Anybody?
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If you want a damaged car repaired,you hire an auto body technician.
You want legal help, you hire a lawyer.

What you require you must buy.
The Internet can point you in the right direction, it can't take you there.
You can quit.
You can grin and bear it.
You can hire a lawyer.
You can be fired tomorrow.
No guarantees in life, except we all die one day.
 
You don't have to get them involved to call and ask a question of the duty officer. That does not obligate you to take any further action.
 
cbg said:
You don't have to get them involved to call and ask a question of the duty officer. That does not obligate you to take any further action.
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last time I called them over my pay that was being held at another shop that I worked they wanted all info. If it comes down to it, that is a good option. Thank you.
 
army judge said:
If you want a damaged car repaired,you hire an auto body technician.
You want legal help, you hire a lawyer.

What you require you must buy.
The Internet can point you in the right direction, it can't take you there.
You can quit.
You can grin and bear it.
You can hire a lawyer.
You can be fired tomorrow.
No guarantees in life, except we all die one day.
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I like your answer. I'm sure you are not one to get a little help with the way your car runs or ask a body man what is the best things to do for your paint or what to have fixed. This is a wasted effort posting here.
 
Sorry but it seems in your case all we can do is suggest you contact the DOL or a lawyer.
 

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