- Written by Greg Blueford
As you may know, Assembly Bill 1513 (“AB-1513”), which changes the method to compensate piece-rate worker’s mandatory rest and recovery periods (R+R NPT) and other nonproductive time (“Other NPT”), went into effect on January 1, 2016. You can read more about the new provisions under AB-1513 here.
Also, under AB-1513, employers may assert an affirmative defense to past under and/or uncompensated R+R NPT and Other NPT by giving notice to the Department of Industrial Relations (“DIR”) by July 1, 2016. The notice, called the “Piece-Rate Back Pay Election Form,” requires the employer to provide its business name, address and contact information to the DIR.
- Written by Carl Larson
Ride-sharing company Uber now has a Fair Labor Standards Act lawsuit to add to its caseload. This follows a recent defeat when a California Federal Court certified a class of drivers who alleged they were incorrectly classified as independent contractors rather than employees and thereby deprived of tips and overtime. The certification covers all “employees” who drove before Uber implemented an arbitration agreement, as well as those who opted out of it. The District Court has been attempting to consolidate several cases brought against Uber, including one case alleging that the Company was running unauthorized background checks on its drivers.
California Administrative agencies are also taking aim at Uber. The California Labor Commissioner also ruled in 2015 that an Uber driver was an employee and not an independent contractor, ordering that she be reimbursed for certain employment-related expenses. The California Unemployment Insurance Appeals Board also ruled that Uber drivers are employees and therefore eligible to obtain unemployment benefits. Worse yet, the Northern District Court has refused to enforce Uber’s arbitration agreement, finding that it was substantively unconscionable.