News & Analysis as of

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

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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

Jackson Lewis P.C.

California’s Labor Commissioner Publishes FAQ for Garment Protection Act

Jackson Lewis P.C. on

In September 2021, California’s Governor signed Senate Bill (SB) 62 which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors. A brand guarantor is...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

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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

Perkins Coie

2021 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2022 - November 30th, 9:30 am - 10:45 am PT

CDF Labor Law LLP on

On November 30, 2021, from 9:30 a.m. to 10:45 a.m. (Pacific Time), CDF Partners Mark Spring and Nicole Legrottaglie will be presenting our annual complimentary “Year in Review” webinar that will cover 2021’s new laws, key...more

Jackson Lewis P.C.

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Manatt, Phelps & Phillips, LLP

California Enacts Multiple Employment Laws

As the legislative term came to an end in California, several employment-related bills were enacted....more

FordHarrison

California Creates New Issues for Supply Chain Employers

FordHarrison on

On September 22, 2021, California Governor Gavin Newsom signed into law Assembly Bill 701 (AB 701), another “first in the nation” law, this time taking aim at perceived health and safety issues applicable to certain warehouse...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

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

Fisher Phillips on

While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...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

Jaburg Wilk

Six Overtime Risks for Arizona Contractors

Jaburg Wilk on

It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The...more

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

Virginia Overtime Wage Act: How Employers Can Prepare for the July 1 Effective Date

The Virginia Overtime Wage Act (VOWA), Va. Code § 40.1-29.2, becomes effective July 1, 2021, and will significantly alter employers’ wage and hour obligations in Virginia. At first glance, the VOWA appears to track federal...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

Payne & Fears

Key California Employment Law Cases: September 2020

Payne & Fears on

Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) - Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...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

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