EmploymentQuestion 684 of 1632

A contractor pays drywall hangers on a piece-rate basis (per linear foot installed). Under Labor Code §226.2, the contractor must separately pay piece-rate workers for:

a.Rest periods and other nonproductive time
b.Only the piece work; rest is built in
c.Travel time only, at half the minimum wage
d.Only meal periods, at double the piece rate

Explanation

Labor Code §226.2(a)(1) requires piece-rate employees to be compensated for rest and recovery periods and for other nonproductive time - time under the employer's control that the piece rate does not itself pay for, such as loading materials or attending a safety meeting - separately from and in addition to piece-rate earnings. Rest and recovery time is paid at the higher of the applicable minimum wage or the worker's average hourly rate for the week under §226.2(a)(3); other nonproductive time is paid at no less than minimum wage under §226.2(a)(4). (b) is the averaging belief the section was enacted to end. (c) invents a half-minimum-wage travel rate that no California provision allows. (d) attaches a doubling to meal periods, which are unpaid when compliant.

Law Reference: Labor Code §226.2(a)(1), (a)(3), (a)(4)

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