News & Analysis as of

Minimum Wage Piece-Rate Pay

Littler

Inflation Disrupts California’s Minimum Wage Rate Schedule, Prompts Pay Increases for Non-Exempt and Exempt Employees in 2023, and...

Littler on

On July 27, 2022, the Director of California’s Department of Finance sent a letter to Governor Gavin Newsom and other state officials, noting that the Department had determined poor economic conditions necessitated expedited...more

Fox Rothschild LLP

The Ugly Side of Salon & Spa Compensation Revisited

Fox Rothschild LLP on

Several years ago, the payment structure for numerous salon and spa employees was turned on its head, as these salons and spas faced liability for paying employees a commission when they were not involved in sales. ...more

Fox Rothschild LLP

Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29...

Fox Rothschild LLP on

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not...more

BakerHostetler

A to Z of What California Employers Need to Know for 2022

BakerHostetler on

With the new year will come new laws that affect California employers. The following are the “A to Z” of changes in the laws that may affect your business in 2022. Under existing law, if a COVID-19 outbreak occurs at a...more

Coblentz Patch Duffy & Bass

New California Laws Affecting the Workplace in 2022: What You Need to Know

As with every new year, California rolled out new laws affecting the workplace beginning January 1, 2022. Below is a summary of some of the most relevant changes that may affect your business. As always, please reach out to...more

Ervin Cohen & Jessup LLP

California Bans Piece Rate Pay for Garment Workers

On January 1, 2023, Senate Bill 62, the Garment Worker Protection Act, will become effective, making California the first state to ban piece rate pay for garment workers. SB 62 prohibits any “employee engaged in the...more

Epstein Becker & Green

California Becomes First State to Ban Piece Rate Pay for Garment Workers

Epstein Becker & Green on

On September 27, 2021, California Governor Gavin Newsom signed into law the Garment Worker Protection Act, which makes California the first state to ban piece rate pay for garment workers, requiring instead that they be paid...more

Jackson Lewis P.C.

Four Things California Employers Who Pay Piece Rate Need To Know

Jackson Lewis P.C. on

A piece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed. Piece rate is used in many different industries, including automobile repair, trucking,...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent...more

Fisher Phillips

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

Fisher Phillips on

Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

Perkins Coie

Washington Supreme Upholds Workweek Averaging for Non-Agricultural Piece-Rate Workers

Perkins Coie on

On September 5, 2019, the Washington Supreme Court held that non-agricultural employees do not have to be paid a separate hourly rate for time spent on non-piece-rate activities. Further, workweek averaging, as described in...more

Sheppard Mullin Richter & Hampton LLP

Peace for Piece-Rate Employers in Washington

On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme...more

Haight Brown & Bonesteel LLP

Separate Compensation of Rest Breaks in Piece-Rate System Confirmed

In the matter of Jimenez-Sanchez v. Dark Horse Express, Inc. (F072599), the court confirmed that employees paid on a piece-rate basis required additional, separate compensation for rest breaks. The defendant in the case was...more

Stoel Rives - World of Employment

California Employers: Ignore Piece-Rate Compensation Rules at Your Peril

A recent California Court of Appeal decision upheld the state’s complex rules for compensating piece-rate employees. In Nisei Farmers League v. California Labor & Workforce Dev. Agency, 2019 Cal.App. LEXIS 10 (Cal.Ct.App....more

Hinshaw & Culbertson LLP

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that...more

Jackson Lewis P.C.

California Piece-Rate Law Upheld By Court Of Appeal

Jackson Lewis P.C. on

Rejecting an argument that the use of the phrase “other nonproductive time” rendered the statute unconstitutionally vague, a California Court of Appeal recently upheld the state’s law regarding compensation of piece-rate...more

Fisher Phillips

What Happens If Landmark Appellate Court Decision Is Reviewed By State Supreme Court?

Fisher Phillips on

Following a line of recent federal and state court cases, California employers are required to compensate employees receiving commissions and piece rates separately for non-productive time and rest periods. In a recent...more

Fisher Phillips

Appeasing The 3-Headed Monster For Incentive-Paid Employees

Fisher Phillips on

Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Developments (September Edition)

Littler on

The past month was full of minimum wage, tip, and overtime activity: amendments; annual rate adjustments; ballot measure battles; legal challenges; and new bills. It was a September to remember....more

Stoel Rives - World of Employment

No Peace for Piece-Rate Pay in Washington Agriculture

In yet another blow to agricultural employers, grab your stopwatches. In Carranza v. Dovex Fruit Co., the Washington Supreme Court has just held that agricultural employers are required to compensate piece-rate workers on a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A “New Look” for Salon Employee Commission Arrangements in California

A new addition to California law changes the definition of commission pay for licensed employees of beauty salons and barber shops. Under the new law, certain common arrangements, such as agreements to pay stylists on a...more

Seyfarth Shaw LLP

Picking a Fight: How California Makes Employment Law Peculiar

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

Fisher Phillips

The Resurgence Of The Hourly Rate To Recognize Performance

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

Fisher Phillips

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

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

52 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide