Yes, as they are not “employees” only for purposes of the notice requirement (Labor Code 2810.5(c)(2).
Additional questions and responses added 1/23/12:
16. In construction projects where workers in trades are paid on a piece rate (e.g. expressed in measurement such as linear feet/yards, roofing squares, etc.) which are adjusted based upon complexity or difficulty of the job, employees may work on different structures or projects with different piece rates. Would it be permissible to provide a piece rate sheet showing the range of piece rates for each type of work?
A. Yes. An employer can modify the DLSE template or attach a sheet to the existing template with a clear reference to the attachment in the space for “Rate(s) of Pay.” The employer should specify multiple rates within a range the worker will be paid by the employer, including the basis for variation that informs the employee when certain rates within a range will apply (based upon stated criteria such as complexity/difficulty of project work).
October 2018
Tags: California, Wage Theft Prevention Act