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Labor/Employment,
California Courts of Appeal

Jan. 7, 2019

Appeals panel upholds new law on paid breaks for piece-rate workers

The law also included a safe harbor provision, which allowed employers to opt in and pay workers retroactively for compensable breaks under the law in exchange for an affirmative defense.

An appellate panel upheld on Friday a demurrer to a lawsuit challenging the constitutionality of a law requiring paid breaks for piece-rate employees be compensated independent of their per-unit wage.

In the underlying suit, Nisei Farmers League sued the state alleging Assembly Bill 1513, which went into effect Jan. 1, 2016, is unconstitutional due to vagueness and supposed retroactivity. AB 1513 says piece-rate workers' total compe...

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