For example, in California, an employee paid on a piece rate or commission basis must still receive minimum wage for each hour worked and
the employer cannot average paid,“productive” hours with non-paid“Nonproductive” time.
In 2016, the legislature in California adopted Labor Code section 226.2,
requiring that employees must be separately compensated for“other Nonproductive time,” defined as“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.”.