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:
Explanation
Labor Code §226.2 (effective 2016) requires piece-rate employees to be paid SEPARATELY and IN ADDITION to piece-rate earnings for: (1) rest and recovery periods, compensated at the higher of the applicable minimum wage or the worker's 'average hourly rate' (total nonpiece earnings excluding rest/recovery divided by total hours worked excluding rest/recovery), and (2) 'other nonproductive time' under employer control, paid at no less than minimum wage. Wage statements must show these amounts as separate line items. The other options misstate the rule. Many California construction-piece-rate cases produced large class settlements before §226.2 was clarified.
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