Employers Must Pay Piece Rate Workers for "Non-Productive Time"

Over the past few years, we have seen California law evolve to cover more and more de minimis and non-working time. For example, on January 1, 2016, the California Legislature passed Labor Code section 226.2, requiring piece-rate workers be paid for time spent on breaks and “other nonproductive time.”
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Over the past few years, we have seen California law evolve to cover more and more de minimis and non-working time. For example, on January 1, 2016, the California Legislature passed Labor Code section 226.2, requiring piece-rate workers be paid for time spent on breaks and “other nonproductive time.”

Kevin Whittaker is Of Counsel with Orrick, Herrington & Sutcliffe. He practices exclusively employment law and represents employers in California and throughout the country. He can be reached at (650) 614-7699 or kwhittaker@orrick.com.

Carolina Garcia is a Silicon Valley-based associate with Orrick, Herrington & Sutcliffe and practices employment law. She can be reached at (650) 289-7163 or cgarcia@orrick.com.

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