CH&LA JanFeb 2017

19 / 34

January/February 2017 19
employees must be compensated
(i.e., the “compensable” period) and
which must be itemized on the wage
statement.
(3) “Other nonproductive time.” Other
nonproductive time is “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.”
Employees must be compensated
for other nonproductive time “at an
hourly rate that is no less than the ap-
plicable minimum wage.
• Draws against commissions: Draws
against commissions to be earned at a
later date are legal only if the draw is
equal to at least the minimum wage due
the employee for all hours worked in each
pay period.
• Uniforms: In addition to the cost of the
uniform, the employer must provide non-
exempt employees with reasonable main-
tenance of the uniforms. The employer
can either maintain the uniform itself, or
pay the employee a weekly maintenance
allowance of an hour’s pay the applicable
minimum wage, provided that an hour’s
pay is a reasonable estimate of the time
necessary to maintain uniform properly.
• Tools and equipment: When tools or
equipment are required by the employer
or are necessary to the performance of
a job, such tools and equipment shall
be provided and maintained by the
employer, except that an employee whose
wages are at least two times the min-
imum wage may be required to provide
and maintain hand tools and equipment
customarily required by the trade or
craft.
• Subminimum wage: Employees during
their first 160 hours of employment in oc-
cupations in which they have no previous
similar or related experience, may be paid
not less than 85 percent of the minimum
wage rounded to the nearest nickel.
• Split-shift premium: Split shift is a work
schedule interrupted by non-paid and
non-working time periods established
by your employer (and it is not a rest
or a meal period). If you are paid the
minimum wage and work a split shift,
you may be entitled to an additional one-
hour’s pay at the minimum wage.
Local Ordinances
Remember that local ordinances may affect
your minimum wage obligations. Some cities
and counties in California adopted their own
local minimum wage rates that are separate
from the state rate. This is part of a growing
trend. If the new minimum wage rates exceed
your local rates, you will need to pay the state
minimum wage.
Note: Exempt/nonexempt classification is
based on the state minimum wage, not local
ordinances. 
Members of the California
Hotel & Lodging Association
who have questions
about this topic are free
to contact our Member
Legal Advisor, Jim Abrams,
.