Hill v. Xerox Bus. Servs., LLC

The dispute in this case concerned the correct characterization of Xerox's payment play under Washington law. Xerox had compensation formula fo call center employees based on "production minutes" - a unit of time during which an employee services incoming calls. If the production minute formed the basis for a bona fide piecework system, then one set of minimum wage rules and regulations applied. If the minute formed the basis for an hourly payment system, then a different set of hourly minimum wage protections applied. The Ninth Circuit Court of Appeals certified a question regarding Washington's labor law with respect to Xerox's compensation under "production minutes," and whether they qualified as piecework under the Washington Administrative Code. The Washington Supreme Court responded with a "no," "an employer's payment plan that includes as a metric an employee's 'production minutes' does not qualify as piecework under WAC 296-126-021. View "Hill v. Xerox Bus. Servs., LLC" on Justia Law