California Labor Code. California

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СКАЧАТЬ to both the Labor and Workforce Development Agency and the employer of any violations based on failure to compensate employees fully for rest and recovery periods and other nonproductive time.

      (g) The provisions in subdivisions (b), (c), (d), (e), and (f) shall not apply to any of the following:

      (1) Damages and penalties previously awarded in an order or judgment that was final and not subject to further appeal as of January 1, 2016.

      (2) Claims based on the failure to provide paid rest or recovery periods or pay for other nonproductive time for which all of the following are true:

      (a) The claim was asserted in a court pleading filed prior to March 1, 2014, or was asserted in an amendment to a claim that relates back to a court pleading filed prior to March 1, 2014, and the amendment or permission for amendment was filed prior to July 1, 2015.

      (b) The claim was asserted against a defendant named with specificity and joined as a defendant, other than as an unnamed (DOE) defendant pursuant to Section 474 of the Code of Civil Procedure, in the pleading referred to in subparagraph (A), or another pleading or amendment filed in the same action prior to January 1, 2015.

      (3) Claims that employees were not advised of their right to take rest or recovery breaks, that rest and recovery breaks were not made available, or that employees were discouraged or otherwise prevented from taking such breaks.

      (4) Claims for unpaid wages, damages, and penalties that accrue after January 1, 2016.

      (5) Claims for paid rest or recovery periods or pay for other nonproductive time that were made in any case filed prior to April 1, 2015, when the case contained by that date an allegation that the employer has intentionally stolen, diminished, or otherwise deprived employees of wages through the use of fictitious worker names or names of workers that were not actually working.

      (6) An employer that is a new motor vehicle dealer, as defined by Section 426 of the Vehicle Code.

      (h) Amendment to assert the affirmative defense provided in subdivision (b) in actions filed on or after March 1, 2014, unless final and not subject to further appeal as of January 1, 2016, shall be permitted.

      (i) Nothing in this section shall limit or bar any action or proceeding by the Labor Commissioner or any private party for any failure to provide a rest and recovery period in accordance with any provision of this code, any order of the Industrial Welfare Commission, or any regulation adopted by the Department of Industrial Relations or any of its divisions, other than actions or proceedings based solely on the employer’s failure to timely pay the compensation due for rest and recovery periods.

      (j) Nothing in this section precludes a judge from awarding statutory, contractual, or common fund attorney’s fees or costs in connection with an action filed before October 1, 2015.

      (k) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

      (Added by Stats. 2015, Ch. 754, Sec. 4. Effective January 1, 2016. Repealed as of January 1, 2021, by its own provisions. See later operative version added by Sec. 5 of Stats. 2015, Ch. 754.)

      226.2. This section shall apply for employees who are compensated on a piece-rate basis for any work performed during a pay period. This section shall not be construed to limit or alter minimum wage or overtime compensation requirements, or the obligation to compensate employees for all hours worked under any other statute or local ordinance. For the purposes of this section, “applicable minimum wage” means the highest of the federal, state, or local minimum wage that is applicable to the employment, and “other nonproductive time” means time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis.

      (a) For employees compensated on a piece-rate basis during a pay period, the following shall apply for that pay period:

      (1) Employees shall be compensated for rest and recovery periods and other nonproductive time separate from any piece-rate compensation.

      (2) The itemized statement required by subdivision (a) of Section 226 shall, in addition to the other items specified in that subdivision, separately state the following, to which the provisions of Section 226 shall also be applicable:

      (a) The total hours of compensable rest and recovery periods, the rate of compensation, and the gross wages paid for those periods during the pay period.

      (b) Except for employers paying compensation for other nonproductive time in accordance with paragraph (7), the total hours of other nonproductive time, as determined under paragraph (5), the rate of compensation, and the gross wages paid for that time during the pay period.

      (3) (A) Employees shall be compensated for rest and recovery periods at a regular hourly rate that is no less than the higher of:

      (i) An average hourly rate determined by dividing the total compensation for the workweek, exclusive of compensation for rest and recovery periods and any premium compensation for overtime, by the total hours worked during the workweek, exclusive of rest and recovery periods.

      (ii) The applicable minimum wage.

      (b) For employers who pay on a semimonthly basis, employees shall be compensated at least at the applicable minimum wage rate for the rest and recovery periods together with other wages for the payroll period during which the rest and recovery periods occurred. Any additional compensation required for those employees pursuant to clause (i) of subparagraph (A) is payable no later than the payday for the next regular payroll period.

      (4) Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage.

      (5) The amount of other nonproductive time may be determined either through actual records or the employer’s reasonable estimates, whether for a group of employees or for a particular employee, of other nonproductive time worked during the pay period.

      (6) An employer who is found to have made a good faith error in determining the total or estimated amount of other nonproductive time worked during the pay period shall remain liable for the payment of compensation for all hours worked in other nonproductive time, but shall not be liable for statutory civil penalties, including, but not limited to, penalties under Section 226.3, or liquidated damages based solely on that error, provided that both of the following are true:

      (a) The employer has provided the wage statement information required by subparagraph (B) of paragraph (2) and paid the compensation due for the amount of other nonproductive time determined by the employer in accordance with the requirements of paragraphs (4) and (5).

      (b) The total compensation paid for any day in the pay period is no less than what is due under the applicable minimum wage and any required overtime compensation.

      (7) An employer who, in addition to paying any piece-rate compensation, pays an hourly rate of at least the applicable minimum wage for all hours worked, shall be deemed in compliance with paragraph (4).

      (b) This section shall become operative on January 1, 2021.

      (Repealed (in Sec. 4) and added by Stats. 2015, Ch. 754, Sec. 5. Effective January 1, 2016. Section operative January 1, 2021, by its own provisions.)

      226.3. Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation СКАЧАТЬ