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Thread: Piece Meal Pay in California

  1. #1
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    Default 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

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  3. #3
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    Piece meal? You lost me there.

    Overtime for piece work is paid at one and one-half times your normal piece rate of pay.

  4. #4
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    Default 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,

  5. #5
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    The method of payment is irrelevant. If the employee is nonexempt, overtime pay is due based on the "regular rate of pay".

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    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?

  7. #7
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    In that case you would pay $4.50 per square foot for overtime

  8. #8
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    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

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

  10. #10
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    Quote 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?

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

  12. #12
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    I don't know of any reason you can't pay on a weekly basis.

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    Quote 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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