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Piece Meal Pay in California

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  • Piece Meal Pay in California

    I know piece meal pay is legal in California but there can be overtime and pay period ramifications. Does anyone know where I can get the basic law or rules regarding paying by piece meal in a construction environment? It seems like none of the California agencies want to address that subject.

    Thank you

  • #2
    What specifically are you looking for?
    http://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm
    http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Piece meal? You lost me there.

      Overtime for piece work is paid at one and one-half times your normal piece rate of pay.
      My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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      • #4
        California Piece Rate

        Sorry my title was wrong the first time. I was doing two things at once and meant piece rate, not piece meal.

        I'm looking at specifically if there are special pay day rules, how overtime is calculated, etc. for piece rate pay. Do you have to pay overtime if they work over 40 hours if the employee is paid by the piece rate and it equates to more than minimum wage?

        Thanks,

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        • #5
          The method of payment is irrelevant. If the employee is nonexempt, overtime pay is due based on the "regular rate of pay".
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Then I guess my question would be, how do you determine regular rate of pay when the time to perform the job varies? If you are paying $3.00 per square foot you might get 6 square feet done in one hour and the next time you may get 8 square feet done. Do you still have to have time cards if they are on piece rate pay?

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            • #7
              In that case you would pay $4.50 per square foot for overtime
              My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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              • #8
                Yes, you must keep time records. How are you going to know whether overtime was worked or not if you don't?

                Very basically speaking:

                Total piece rate pay for the day: $100
                Hours worked:10 (8 regular, 2 overtime)
                Regular rate of pay $100/10 = $10.00 (if less than minimum wage, must make up the difference, i.e., pay at least minimum wage
                Overtime premium: ($10 * .5) * 2 hours = $10 (straight-time portion included in the piece rate calculation)
                Total pay due: $100 + $10 = $110
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Now I recall why I never wanted to have anything to do with payroll.

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                  • #10
                    Originally posted by Beth3 View Post
                    Now I recall why I never wanted to have anything to do with payroll.
                    Um, I think that's a compliment?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Thanks Pattymd. You can pay on a weekly basis and don't have to pay daily, can't you?

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                      • #12
                        I don't know of any reason you can't pay on a weekly basis.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Originally posted by dafcpa View Post
                          Thanks Pattymd. You can pay on a weekly basis and don't have to pay daily, can't you?
                          No laws require daily payment, so, aside from day labor temp agencies, why would you want to pay that way?
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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