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Unpaid Time Violations under California Labor Law
Employers must pay at least minimum wage for all hours that an employee works, regardless of whether payment is on an hourly basis, by commission, by piece rate, flag rate, per session, or otherwise. It is not permissible for an employer in California to “average” pay over the course of the day from compensated time to cover the minimum wage obligation for uncompensated hours. This time must be separately compensated.
For example, personal trainers, massage therapists, nail technicians, estheticians, automobile mechanics, retail sales employees, insurance premium auditors, and others paid by session, client, piece rate, or commission who perform duties outside of their commissionable time must be paid at least minimum wage for this time.
In addition, employees paid by piece rate, commission, or session work must be separately paid for 10 minute rest periods. Every non-exempt employee is entitled to a paid 10 minute rest period for every four hours or major fraction worked. Since employees working by commission or piece rate do not receive compensation for rest period, employers must pay this time at the employee’s regular rate of pay.