Last week, a federal district judge in Sacramento dismissed a lawsuit brought by Gerawan Farming, Inc. and Fowler Packing Co. challenging “safe harbor” provisions that were part of piece-rate legislation (AB 1513) passed last year. Both companies were specifically excluded from taking advantage of provisions which provide an affirmative defense from claims for uncompensated or undercompensated nonproductive time and break periods.

Late yesterday, June 30th, a superior court in Fresno issued a temporary restraining order (TRO) extending the deadline to sign up for the so-called “safe harbor” provisions of AB 1513 (Labor Code sec. 226.2(b)(3)) to July 18, 2016. The Order also states that if the court ultimately decides NOT to issue a preliminary injunction at the next hearing on July 18, the July 1 safe harbor filing deadline will be extended July 28th.

Jeff Janas

Calling the legislation ambiguous and unconstitutional, the Nisei Farmers League (NFL) filed an application for a temporary restraining order and preliminary injunction with the Superior Court of California in Fresno against AB 1513. The state law that requires piece-rate workers to be paid for “other non-productive time” and rest and recovery periods separate and apart from piece-rate earnings.

Jeff Janas



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