Piece-rate pay
Employees paid by the unit must also receive separate compensation for rest and recovery periods and other nonproductive time.
California construction · Lab. Code § 226.2
Section 226.2 applies when an employee receives piece-rate pay for any work during a pay period. It preserves minimum-wage and overtime obligations and requires compensation for rest and recovery periods and other nonproductive time separately from piece-rate earnings.
Rest and recovery periods must be paid at the higher of the statutory average hourly rate or the applicable minimum wage. The average-rate calculation excludes rest and recovery pay and overtime premiums from compensation and excludes rest and recovery periods from hours.
Other nonproductive time means employer-controlled time, apart from rest and recovery, that is not directly related to the piece-rate activity. It must receive at least the applicable minimum wage. An employer paying at least that hourly rate for all hours, in addition to piece earnings, satisfies that particular requirement. Wage statements must separately identify the required hours, rates and pay, subject to the statute’s specific exception for other nonproductive time.
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Prevailing wage
Covered public works require prevailing wages, including applicable benefit components, based on the work performed and the project’s location.
Daily overtime
Covered nonexempt employees generally earn overtime after 8 hours in a day or 40 in a week, and double time after 12 hours in a day.
Travel & commute time
Employer-mandated travel after the first required reporting location is compensable under Wage Order 16, subject to its applicable CBA provision.