No, that is not a trick question. Here’s what happened to a Beverly Hills salon.

A stylist at the salon was paid on a piece-work basis, at the rate of 30% of the fees paid by the client, and consistently averaged over $50 per hour.

The stylist was not paid for her “down time” between treatments, and was required to stay at the shop between appointments in case a “walk-in” wanted a treatment.

After a few years of this highly remunerative employment, the stylist complained that she wasn’t being paid for her down time.

Here is what the law says: an employer, if he chooses, may hire a person to do nothing or to do nothing but wait for something to happen. Employers who pay their employees on a piece-rate basis must pay them a separate hourly minimum wage for time spent on tasks unrelated to their primary work, even if the employee’s total compensation for a pay period does not fall below the minimum wage.

Even sleeping employees may be entitled to compensation.

This can be a tricky area for employees to deal with. So, if you have any employees who are ever “on-call” and are required to be available for some part of the workday, they must be paid at least minimum wage for their waiting-time.

If you are in that position, we recommend that you consult your attorney or a qualified human resources consultant to determine what can be done to address this type of situation and avoid future problems.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.