Not being compensated for none piece pay tasks legal?

UPDATED: Sep 30, 2022

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Not being compensated for none piece pay tasks legal?

I live in California and I work on a piece
rate system. My company has me doing a ‘team
leader’ position for 30 days every few months
where i have to go around to my dept and
check dates and report to a supervisor, there
is no pay compensation for this task and the
owner refuses to pay us for it. They are
calling it ‘part of my job description’. Is
this legal, since this kind of thing was
taken to court by employees of LA motors a
few years ago?

Asked on July 1, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no specific right for an employee paid on a piecework system to be paid for non-piecework work; it is accepted that a non-hourly or non-salaried job can involve some non-compensible time, the same way that commissioned sales reps don't have to be paid if they spend time filing out reports and paperwork.
As long as the total compensation you receive for the week, divided by the number of hours you worked that week, equals or exceeds minimum wage, the employer has complied with the law. If you are doing so many non-piecework hours that you  pay for the time period is at less than minimum wage, they need to pay you extra to bring you up to minimum.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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