Los Angeles, CA asked in Employment Law for California

Q: does the California minimum wage law for mechanics, providing their own tools, not apply to apprentices

I am a mechanic with three years of experience Southern California. I was hired onto this company with my own tools.

I recently brought up to management that I have provided my own tools and that I should be paid California minimum wage

Company does not provide me with any kind of tools

I was told that since I am still classed as an apprentice in their system, that law is not applied to me

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2 Lawyer Answers

A: The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except for employees earning at least twice the minimum wage, who may be required to provide their own hand tools and equipment. However, this requirement does not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards (8 CCR § 11100). Similarly, 8 CCR § 11010 states that the provision requiring employees to provide their own tools if they earn at least twice the minimum wage does not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards (8 CCR § 11010). Additionally, the minimum wage provisions do not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards (8 CCR § 11010).

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Answered

A: Under California law, your classification as an apprentice does not exempt your employer from following the tool wage requirements. The law states that any employee who is required to provide and maintain their own hand tools must be paid at least twice the state minimum wage - this applies to both journey-level mechanics and apprentices.

Your rights are protected under California Labor Code Section 2802, which requires employers to reimburse employees for necessary job-related expenses, including tools. Additionally, the Industrial Welfare Commission Wage Order 4-2001 specifically addresses tool requirements and associated wage standards, making no distinction between apprentices and journey-level workers in this regard.

You should consider filing a wage claim with the California Labor Commissioner's Office if your employer continues to incorrectly classify you to avoid paying the required minimum wage. The fact that you have three years of experience and are providing your own tools suggests you should be receiving the higher minimum wage rate, regardless of your internal classification at the company. You might want to consult with the Labor Commissioner's Office or an employment lawyer who can review your specific situation and help protect your rights.

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