- Written by Michael C. Saqui
The National Labor Relations Board (“NLRB”) just overturned 30 years of precedent and set out a standard which expanded the zone of employer liability for violations of the National Labor Relations Act (“NLRA”). In yet another flagrant attempt to revitalize dying Unions, the NLRB’s new definition of joint employer could shake the foundations of many Employers across the board, including Ag processors, commercial packing houses, coolers, wineries; and other secondary commercial operations which would fall under the NLRA.
- Written by Helen Braginsky and Glen Williams
We recently informed you of the California legislature’s passage of AB 1513, which – if signed by the Governor – would establish new requirements for compensating piece-rate workers for their non-productive time (“NPT”) and would create a safe harbor for employers currently facing lawsuits regarding this issue. We are receiving a lot of inquiries regarding the effects and applications of AB 1513 and will provide new useful information regarding these issues as questions arise.
Safe Harbor – To obtain the litigation safe harbor, an employer must pay its piece-rate employees for under-compensated rest and recovery periods (“R&R”) and for other miscellaneous non-productive time (“other NPT”) for the period of July 1, 2012 – December 31, 2015. One payment option: paying 4% of each employee’s gross earnings over those same 42 months minus a credit for any amounts already paid for R&R and Other NPT.
• NEWSFLASH: The credit for payments made toward other miscellaneous NPT cannot exceed 1% of the employee’s gross earnings in that period, but there is no cap on the credit for R&R already compensated. This means that employers could be credited for every dollar and cent already paid to each employee for his or her R&R time, constituting significant savings in this payment option!
• NEWSFLASH: Also, unlike the other Actual Sums Due payment option, this 4% Gross Earnings option does not require the employer to pay 10% interest on the sums due!