Responding to a certified question from a federal district court, the Washington Supreme Court recently held that the Washington Minimum Wage Act does not require non-agricultural employers to pay their piece-rate employees a separate per-hour wage for time spent performing non-piece-rate work.
The Supreme Court confirmed that, for nonagricultural workers, WAC 296-126-021 allows employers to comply with the Minimum Wage Act by ensuring that the total wages for the week do not fall below the statutory minimum wage for each hour worked. Accordingly, "loading and unloading, pre-trip inspections, fueling, detention at a shipper or consignee, washing trucks, and other similar activities" are considered hours worked but may be incorporated into the piece-work compensation, provided the worker receives at least minimum wage for all hours worked in a workweek (Sampson v. Knight Transportation, Inc.).
Source: Joy Sturgis, SPHR, SHRM-SCP
Download Archbright Mobile
©2020 Archbright. All Rights Reserved.