For employees covered by the COMPS Regulation, piecework methods are permitted if the employee`s total weekly remuneration reaches or exceeds the minimum wage for all hours during which the employee has been subject to the employer`s control, including the entire period during which the employee has suffered or has been allowed to work, whether it is necessary or not. for the entire work week. Overtime pay for piecework is based on a regular hourly rate calculated from the employee`s salary. The following four tips can help employers comply with California`s piecework law. A. No. For the future, the law provides for remuneration at an average hourly rate, which is determined by dividing total earnings by hours worked during the work week, as explained above. This encourages employees to take their authorized breaks without feeling like it reduces their pay. If you suspect that your employer is not complying with the above piecework compensation policy, please call or email us for a free consultation: As noted in the language in italics above, an employer is not required to disclose the total number of hours of other unproductive hours, the rate of pay or the gross wage paid for that period. if the employer „pays, in addition to paying piecework, an hourly rate of at least the applicable minimum wage for all hours worked, as permitted by the safe harbor wording in subsection (a) (7). One. Article 226.2 of the Labour Code defines „other unproductive time“ as „time under the control of the employer, excluding rest and recovery periods that are not directly related to the activity remunerated by piecework“.
Piecework plans are very popular in some industries. They can encourage employee productivity while giving an employer more control over labor costs. Under a piecework system, the employee receives a fixed amount of money for each unit produced or action performed, regardless of the number of hours worked. Industries that employees pay on an ad hoc basis include: B. If an employer does not provide a worker with a rest period in accordance with the applicable provisions of these Regulations, the employer shall pay the employee one (1) hour of wages at the worker`s regular rate of pay for each day of work on which the rest period is not granted. Under the new law, employers are required to compensate employees who are paid on an ad hoc basis for rest and recovery periods and other unproductive periods, regardless of piecework. The law defines „other unproductive time“ as „time under the control of the employer, without rest and recovery periods, which is not directly related to the activity paid for by piecework“. One. The employer provided the wage statements required under paragraph 2(B) and paid the compensation due for the amount of other non-performing time determined by the employer in accordance with the requirements of paragraphs 4 and 5.
3. For a piecemeal and hourly working week: this provision shall be subject to the two qualifications referred to in points A and B above, including the fact that the employer must have paid the worker at least the minimum wage and the required overtime pay at that minimum wage. One. AB 1513 adds Section 226.2 to the California Labor Code, which „applies to workers who are paid on an ad hoc basis for any work performed during a pay period.“ The American Heritage Dictionary defines the term agreement as „Work paid by the number of units.“ Therefore, a piecework rate must be based on a determinable amount paid for the performance of a particular task or the manufacture of a particular commodity. One. There is no provision in the Act to declare the law as existing. The compensation requirements for rest and recovery periods and other unproductive periods set out in paragraph (a) of section 226.2 apply from the day on which the Act comes into force (January 1, 2016) and do not amend the Act as it existed before that date. Questions about what was required by applicable law before 1 January 2016 may be the subject of ongoing litigation and litigation in the courts.
Compensation for the rest and recovery phases. The law obliges employers to separately compensate pieceworkers for rest and recovery periods at a normal hourly rate not lower than the higher rate of: In general, this means that for periods prior to January 1, 2016, an employer may be released from any liability for legal and other damages and penalties, claims for non-payment of compensation for rest and recovery periods and other unproductive periods, if the employer meets all the conditions provided for by law. .