EmploymentQuestion 937 of 1632

A contractor pays certain workers on a piece-rate basis (per unit installed). Under California law, how must the workers' rest breaks and 'nonproductive time' be paid?

a.Only rest breaks are separately paid, not other time
b.Both are separately paid on top of the piece rate
c.Both are already covered by the piece-rate earnings
d.Neither has to be paid on top of the piece rate

Explanation

Labor Code §226.2(a) requires piece-rate employees to be separately compensated for rest and recovery periods and for other nonproductive time - time under the employer's control that does not generate piece-rate earnings, such as waiting for materials or moving between units - and to have both itemized on the wage statement. (c) is the averaging belief, that dividing total piece earnings by total hours proves the worker cleared minimum wage; §226.2 rejects averaging for these categories. (a) is the half-measure many payroll systems implement: rest breaks get a line, nonproductive time does not. (d) is the pre-2016 practice §226.2 was enacted to end.

Law Reference: Labor Code §226.2(a)

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