AB 1513 Legal Challenge Extends Safe Harbor Deadline
Major Decisions Pending
Attorneys representing the Nisei Farmers League have challenged several aspects of the AB 1513 provisions, resulting in an extension in the deadline from July 1 to July 18 for employers to sign up for the safe harbor provisions. Arguments against AB 1513 address terms such as "other non-productive time" as unconstitutionally vague.
NFL also argues the potential for devastating financial losses to employers based on the application of the term "actual sums due" in the lack of certainty of what sums may or may not be owed. The application of the 2013 Gonzalez v. LA Downtown Motors and Bluford v. Safeway decisions is also being called into question.
Employers have been granted an extension, and may want to await the results of the court hearing on July 18 before deciding to opt in on the AB 1513 Safe Harbor provisions.
CFLCA will track and report on progress on this significant challenge to the confusing requirements to compensate piece-rate work for non-productive time.