California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning Song, I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Piece rate employment does not ever negate the law regarding overtime. Under the law, if your employee works more than 8 hours in a day, or more than 40 hours in a week, they are entitled to overtime. Also, piece work does not mean that minimum wage laws don’t have to be considered, because they do. You are free to pay your employees a piece work wage, however they must be paid at least the equivalent of minimum wage, plus applicable overtime for all hours worked---regardless of the piece rate wage they might earn. Piece rate work is intended to motivate employees who are already earning more than minimum wage. Under no circumstances may the piece rate system be used in an effort to potentially pay less than minimum wage under the law.
Even if you pay a piece work wage, you must still keep track of the hours worked by each employee to ensure that each pay period, they have been paid at least the minimum wage required under the law. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
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