Piece Rate Violations Attorney

Under Labor Code § 226.2, piece rate employees must receive separate compensation for rest and recovery periods (at the higher of average piece rate or applicable minimum wage) and for nonproductive time (at least minimum wage). Employers must itemize these payments on pay stubs. This law was enacted to address systemic underpayment of agricultural, manufacturing, and trucking workers in California.

Yes. In both California and New York, if a piece rate employee's total earnings divided by hours worked falls below minimum wage, the employer must make up the difference. Under California law, this is calculated on a per-pay-period basis. Additionally, overtime must be calculated using the piece rate employee's regular rate, which includes all piece rate earnings divided by total hours.

Nonproductive time is time under the employer's control that is not directly compensated by piece rate — including waiting for materials, equipment setup, travel between jobs during the workday, meetings, and training. Under California Labor Code § 226.2, all nonproductive time must be compensated at no less than minimum wage, separately from piece rate pay.

Agriculture, garment manufacturing, trucking, car wash, construction, and warehouse work commonly use piece rate pay and frequently violate these laws. California has been particularly aggressive in enforcement. If you work in any of these industries and are paid by the piece, review your pay stubs for separate line items for rest period and nonproductive time compensation.