On June 26, 2020, a Northern District Judge found that Hearst (dba San Francisco Chronicle) misclassified an employee as an independent contractor. (Martel v. Hearst Communications, Inc., 468 F. Supp. 3d 1212 – Dist. Court, ND California 2020). The plaintiff was paid per delivery not by hour and the Court found him to be a Piece-rate employee.
Furthermore, on June 27, 2020, a class action was filed in California seeking to get class-wide relief. (Sanchez et al v. Hearst Communications, Inc. 4:20-cv-05147 (ND California 2020))
California courts are currently reviewing and ruling on whether independent contractor agreements are valid under the labor code. It is important to have legal counsel when reviewing agreement in order to protect your rights.
What are Piece-rate employees?
Simply put you are paid by task/job. A mechanic paid $10 per muffler job or oil change. A personal trainer paid per session. A hair dresser paid per haircut.
As a piece-rate employee you are entitled to paid rest and recovery period.
California Code, Labor Code – LAB § 226.2
** Employees shall be compensated for rest and recovery periods and other nonproductive time separate from any piece-rate compensation.
** The itemized statement required by subdivision (a) of Section 226
** Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage.
** 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
San Francisco Employment and Personal Injury Lawyer
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Copy of the Martel Order;