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View Full Version : Time worked showing on piecework pay stub Labor Code §226(a).


efface
12-23-2005, 11:11 AM
I was reading another post and someone mentioned Labor Code §226(a), which has to do with showing hours worked on your pay stub, not just a flat number such as 40 hours. Does this apply for a piece work employee? I do receive the .5 of 1.5% for overtime, where the wages earned in the day, my first 8 hours are considered my "wage"

mtracy
12-23-2005, 11:29 AM
Labor Code §226(a) applies to everyone unless they are exempt and paid on a salary (note, there can be exempt people paid on an hourly basis). As piece work does not fit this, the employer is required to print all the required information on the stub. 226(a) specifically mentions that one of the items printed needs to be "the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis." In addition, the statute requires that "total hours worked by the employee" be printed. Thus, simply putting 40 hours on the stub would not be sufficient if either more or less hours were worked.

efface
12-23-2005, 11:34 AM
Thanks for you quick responce.

In your reply you stated "the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis."

Does this mean my pay stub should say something along the lines of how many jobs i completed, what kind of work was performed and how it payed?

We do get a seperate report kind of showing somethen like this but they are few and far between, suppose to receive them weekly but we never do.

mtracy
12-24-2005, 11:25 AM
The only requirement is for the number of units and the rate for each piece. Something like:

10 @ $20 = $200
20 @ $30 = $600

In practice, the employer may want to put a brief description in if multiple different pieces are paid at different rates, but this is not required.

efface
12-26-2005, 01:27 PM
Yea, our pay stubs do not show anything like that. There is a seperate production sheet we get that does show kinda what you described, but those are handed out by managment, when they feel like it. I've probably received a handful during my time of employment.

If i brought this to the labor board what kind of proof would they be looking for that I never received these forms?

Pattymd
12-26-2005, 03:25 PM
Generally speaking, it is the employer who has to prove they gave them to you, not you who has to prove they didn't.

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