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?
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)This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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