News & Analysis as of

Piece-Rate Pay

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

The Ugly Side Of Salon & Spa Compensation

by Fox Rothschild LLP on

Earlier this week, I was advising a client on the termination of one of their spa employees. During the course of the conversation about his poor performance, the issue of his compensation came up. Turns out, while the...more

Is Your Piece Rate Plan Up To Date?

by Jackson Lewis P.C. on

A piece rate exists where an employee is paid a fixed amount for each unit produced or action performed. Industries that commonly use piece rates include agriculture, automobile repair, trucking, manufacturing, and call...more

Hot List – What’s Happening in the California Legislature 4/17-4/21

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

The Resurgence Of The Hourly Rate To Recognize Performance

by Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

Hot List – What’s Happening in the California Legislature 3/27-3/31

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Hot List – What’s Happening in the California Legislature 3/20-3/24

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Paying Most Sales Employees Purely on Draw and Commission No Longer Lawful In California

by Fisher Phillips on

Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay...more

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

by Snell & Wilmer on

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

by Fisher Phillips on

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

by Fisher Phillips on

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

Window Closes Today! Employer Should Provide Notice Before this Opportunity is Gone!

by Weintraub Tobin on

WINDOW CLOSES TODAY! Employers who wish to take advantage of the safe harbor provision of California’s new piece rate legislation, must provide notice to the Director of Industrial Relations by July 28, 2016. The...more

A Bump in the Road for California’s Piece Rate Employers

by Fisher Phillips on

On Monday, July 25, 2016, the Fresno County Superior Court denied a request to postpone the deadline for qualified employers to notify the Department of Industrial Relations (DIR) of their election to participate in the...more

Court Places CA Piece-Rate Pay Statute’s July 1 “Safe Harbor” Filing Deadline on Hold

by McGuireWoods LLP on

On June 30, 2016, Judge Jeffrey Hamilton of the California Superior Court in Fresno County granted a temporary restraining order (TRO) preventing the enforcement of various aspects of California’s new piece-rate pay statute,...more

Court Enjoins Enforcement of “Safe Harbor” Deadline for Piece Rate Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay...more

Caution! Construction Zone: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About...

by Ward and Smith, P.A. on

If your business involves construction, then you may be familiar with the concept of piece-rate compensation. Under this system, employees are paid based on the number of units, or pieces, they complete, rather than on the...more

Piece-Rate Employers Face a December 15, 2016 Deadline to Utilize a Safe Harbor or Risk Getting Caught in a Storm

by BakerHostetler on

As we have previously reported, in October 2015, Governor Brown signed Assembly Bill 1513. The bill created California Labor Code Section 226.2, which requires employers to pay employees who are compensated on a piece-rate...more

Gimme Shelter: A Safe Harbor Deadline Looms for California Piece-Rate Employers

by Seyfarth Shaw LLP on

Piece-rate employers in California have faced a surge of class action lawsuits in recent years seeking substantial sums for the failure to separately pay for rest breaks and nonproductive time. On January 1, 2016, California...more

California’s New Rest Period Requirements for Piece-Rate Workers

by Reed Smith on

California law requires that employers authorize and permit their employees to take rest periods based on the total hours worked in a day. Employers must authorize and permit 10 minutes net rest time for every four hours...more

Employment Law - February 2016

In Equal Pay Push, EEOC to Collect Pay Data From Employers - Why it matters - On the anniversary of the Lilly Ledbetter Fair Pay Act, President Barack Obama announced that the Equal Employment Opportunity Commission...more

New Employment Laws for California Public Employers

by Best Best & Krieger LLP on

As in years past, 2016 brings important changes to employment laws in California — a state that continues to be a challenging environment for employers. Employment issues ranging from healthy workplaces and gender...more

Best in Law: Key Changes in Employment Laws for 2016

by Best Best & Krieger LLP on

Partner Cynthia Germano shares the year’s most notable employment-related laws in the Press-Enterprise. A number of California labor and employment laws went into effect on New Year’s Day that employers are tasked with...more

New California Employment Laws of Particular Interest to the Hospitality Industry

by Allen Matkins on

SB 588: Expanded Individual Liability For Owner, Director, Officer or Managing Agent - Senate Bill No. 588, the "California Fair Day's Pay Act," amends or adds 13 statutory sections to California's Labor Code or Code of...more

No Peace for Piece Rate Employers

by Seyfarth Shaw LLP on

As 2015 drew to a close, the DLSE issued several publications regarding California’s new piece-rate legislation, AB 1513, reminding California employers that it is now even more difficult to pay employees on a piece-rate...more

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