What can an employee do if an employer violates the piece rate pay requirements?

An employee who has not been paid compensation due under Labor Code section 226.2 or any other wage and hour law can bring a legal claim to recover wages due and possibly related damages and penalties. Generally speaking, there are three ways to present such a claim – through the Labor Commissioner, through an alternative dispute resolution system such as arbitration (if required or allowed under an employment agreement), or through a lawsuit in court.

Employees pursuing the first option can file an individual wage claim with the Labor Commissioner’s Wage Claim Adjudication Unit, or they can file a Report of Labor Law Violation with the Labor Commissioner’s Bureau of Field Enforcement, which does not pursue individual claims, but may investigate and cite the employer. More information about wage claims and employee rights in general is available on the Labor Commissioner’s website or any of the Labor Commissioner’s local offices.

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