Three years later, the court ruled that the same piece-rate agricultural workers were required to be paid separately and on an hourly basis for all nonproduction work. In 2015, the Washington Supreme Court ruled for the first time that agricultural employers were required to compensate piece-rate workers in Washington State separately and on an hourly basis for rest breaks.
The Washington Supreme Court held that under Washington Administrative Code Section 296-126-021, nonagricultural employers comply with the Minimum Wage Act’s guaranty that employees receive a minimum wage for each hour worked if they ensure that total wages for each week do not fall below the statutory minimum wage rate for each hour worked. So long as nonagricultural employers meet this pay minimum, they are not required to pay piece-rate employees on a separate hourly basis for time spent performing activities outside the piecework.Ī brief history of this issue demonstrates the magnitude of the decision. The district court sought clarification on the issue from the highest court in the State of Washington.
District Court for the Western District of Washington considered whether flat-fee and other accessorial payments were sufficient to fully compensate truck drivers for inspection, tarping, layover, and other nondriving duties performed by most every interstate truck driver. Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?” On September 5, 2019, the court answered with a resounding no.
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