Not being compensated for none piece pay tasks legal?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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