Employers that timely elected to take advantage of the safe harbor provisions that are part of AB 1513 piece-rate legislation have until this Thursday, December 15, 2016, to make back payments. A pending court case failed to obtain an extension of the deadline.

AB 1513 offers piece-rate employers a safe harbor option to shed liability for claims and class action lawsuits alleging uncompensated or under-compensated rest periods and other non-productive time for piece-rate workers. However only employers that made the election by July 1, 2016 (extended to July 28, 2016), and who make back payments by December 15, 2016, are eligible for the safe harbor.

Updated information on AB 1513 back payments can be found in the FAQ section on the California Department of Industrial Relations website under Calculating and Making Back Payments to Employees and Former Employees for Purposes of the Affirmative Defense.   

Western Growers’ members making back payments of wages pursuant to AB 1513 are advised to confirm that negotiated checks match both the intended recipient and amount. Western Growers has been advised that there have been fraudulent cases where payee names and check amounts have been altered.

For more information, contact Jason Resnick at (949) 885-2253.