On October 10th, Governor Jerry Brown signed legislation that provides certain employers of piece-rate employees, with a safe harbor against pending or potential class action lawsuits for uncompensated non-productive time (NPT) and rest and recovery periods. The bill, AB 1513, codifies Gonzalez v. Downtown LA Motors and Bluford v. Safeway — effective January 1, 2016. These cases require employers to pay piece-rate employees for rest and recovery periods (and all other periods of “nonproductive” time) separately from (and in addition to) their piece-rate compensation. However, with regard to rest and recovery periods, AB 1513 also codifies the Labor Commissioner’s interpretation, so that rest and recovery periods must be paid at the “regular rate of pay.”
Employers must also specify additional categories of information on a piece-rate employee’s itemized wage statement: (i) the total hours of compensable rest and recovery periods, (ii) the rate of compensation paid for those periods, and (iii) the gross wages paid for those periods during the pay period. If employers do not pay a separate hourly rate for all hours worked (in addition to piece-rate wages), then the employer must also list (i) the total hours of other non-productive time, (ii) the rate of compensation for that time, and (iii) the gross wages paid for that time during the pay period.
Western Growers Vice President and General Jason Resnick will be conducting a complimentary webinar exclusively for Western Growers members to help clarify what this legislation means for employers.
The webinar will discuss the new law and provide observations and insights into the passage of the law and what it means for agricultural employers going forward. Specifically, you will learn how this law will apply to your workplace and what to do now to prepare to 1) avoid retroactive liability for uncompensated NPT, and 2) to modify payroll systems to properly compensate for rest and recovery periods.
Webinar Details
AB 1513: NPT Safe Harbor and New NPT Obligations Webinar
Oct 20, 2015 2:00 PM PDT
For more information contact Jason Resnick (949) 885-2253.