Alert: Court Denies AB 1513 Injunction – Safe Harbor Deadline Now July 28, 2016

Today, the Fresno County Superior Court denied Nisei Farmers League’s request for a preliminary injunction staying the enforcement of AB 1513’s affirmative defense deadlines.  AB 1513 is recent legislation specifying how nonproductive time should be compensated for employees paid by piece-rate.  The new deadline to file with the DIR is July 28, 2016.

Under AB 1513 (codified as Labor Code 226.2) employers had until July 1, 2016 to file with the Department of Industrial Relations (“DIR”) its intention to opt into the affirmative defense provisions outlined under the law.  The court had previously granted a temporary restraining order staying the provisions until ten days after the July 18, 2016 hearing on the injunction. The court did not rule on the merits of Nisei Farmers League’s complaint that the law is unconstitutional.  That matter will be heard at a later date.  For now, employers are back to where they were on June 29, 2016, with three days remaining to file for the safe harbor.

A link to the online election form can be found here.  A link to the court’s ruling denying the injunction can be found here.

For more information about this or other employment related matters contact Jennifer Douglas Phillips.