EmploymentQuestion 937 of 1605
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 must be paid, not other nonproductive time
b.Rest breaks and other nonproductive time must be separately compensated on top of piece-rate earnings
c.They are already covered by the piece-rate earnings
d.They need not be paid at all
Explanation
Labor Code §226.2 requires that piece-rate employees be separately compensated for rest and recovery periods and for 'other nonproductive time' (time under the employer's control not directly producing piece-rate earnings). These amounts must be paid in addition to piece-rate wages and itemized on the wage statement. Piece-rate pay alone does not lawfully cover rest breaks or nonproductive time.
Law Reference: Labor Code §226.2; piece-rate rulesPractice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)