Irvine Attorney Discusses Appellate Decision on Breaks for Piece-Rate Workers

In the Daily Journal article “Appeals panel upholds new law on paid breaks for piece-rate workers,” John Skousen discusses the California 5^th District Court of Appeal’s decision in Nisei Farmers League et al. v. California Labor and Workforce Development Agency et al. In a decision issued Jan. 4, the appellate court upheld the constitutionality of Assembly Bill 1513, which says piece-rate workers total compensation could not count as compensation required for paid breaks.

According to John, the opinion contains silver linings for employers by clarifying that the law is not retroactive and the applicable pay rate due for “unproductive time” is the higher of a contract hourly rate or minimum wage. John believes the decision will withstand review from the California Supreme Court, if they decide to review.

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