Are you engaged in a skilled trade profession such as plumbing, electrical work, HVAC servicing, carpentry, framing, installation, or solar installation, among others? These professions demand specific training and are often physically challenging. Despite the strenuous nature of skilled trades, many workers in California are not compensated fairly as per the state’s labor laws.
Southern California Skilled Trade Legal Experts
At the Law Offices of Kyle K. Lauby, we have a rich history of assisting skilled trade workers reclaim unpaid wages and other entitlements due to unlawful piece-rate or commission-based pay schemes.
Piece-rate pay plans are structured such that employees are paid based on the volume of work they complete, rather than on an hourly or salaried basis. In skilled trades, piece-rate pay often correlates to metrics like the number of units installed, constructed, feet framed, and so on. These pay schemes aim to boost productivity by rewarding workers based on their output.
Nonetheless, pure piece-rate pay plans are against California labor laws as they don’t account for “downtime.” Every job has periods where employees attend mandatory meetings, wait for assignments, travel between sites, or carry out tasks that don’t earn piece-rate pay. This “downtime,” when unpaid, violates California laws which mandate separate hourly wages for time spent on non-piece-rate activities.
Similarly, commission-only pay plans also fall foul of California laws. Workers under this scheme often earn a percentage of the service fee charged to the client. For instance, a plumber might earn 20% of the total bill charged for their services. Like piece-rate pay plans, commission-only plans fail to compensate for “downtime” when a worker is on the clock but isn’t earning commission, which is illegal under California law.
Moreover, both piece-rate and commission-only pay schemes often overlook the provision of mandated rest breaks. California law stipulates a 10-minute paid rest period for every 4 hours worked or major fraction thereof. The key point for skilled trade workers is that these rest breaks must be paid. Under piece-rate and commission-only pay schemes, earning during rest breaks is virtually impossible. Unless separate hourly compensation for rest breaks is provided, such pay plans are undeniably violating California labor laws.
You May Be Owed Substantial Damages
If you’ve been compensated on a piece-rate or commission basis, you could be entitled to significant damages including unpaid minimum wages, overtime wages, wage premiums for denied rest breaks, alongside penalties and interest.
Reach out to the Law Offices of Kyle K. Lauby by calling 888-888-8888 for a complimentary consultation. Our seasoned employment law attorneys are here to champion your rights as a skilled trade employee and help you secure the wages you rightfully deserve.