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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Does pcs rate expemtion from overtime pay? How can pcs rate

Customer Question

Does pcs rate expemtion from overtime pay?

How can pcs rate expemtion from overtime pay?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  LawTalk replied 3 years ago.

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.

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I wish you the best in your future.


Expert:  LawTalk replied 3 years ago.
Good evening Song,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

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Thank you very much and take care.


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