December 2016 Archives

AB 1513 Update: Ninth Circuit Confirms that "Carve-Out" Provisions in AB 1513 May Violate the Equal Protection Clause

By: Kyle D. Kring

While some employers are alleging that AB 1513 is unconstitutionally vague and an improper retroactive application of California rest break laws, at least two large farmers are contending that they were improperly excluded from using the AB 1513 affirmative defense to their advantage to resolve past rest break claims.

The Court of Appeals for the Ninth Circuit recently held that two large farmers' "complaint states a plausible claim for relief under the Equal Protection Clause, but fails to state a plausible claim that AB 1513's carve-outs amount to a Bill of Attainder." The equal protection claim was remanded to district court for further proceedings. As to the Bill of Attainder claim, the court ruled that plaintiffs were not individually punished by AB 1513, which is a necessary element of a bill of attainder.

Court Denies Request for Stay of AB 1513

By: Kyle D. Kring

Posted: December 5, 2016

Please be advised the court in the Nisei Farmers League v. California Labor and Workforce Development Agency (State of California), the case pending in the superior court for the County of Fresno, issued its final ruling on plaintiff's request for a Stay of AB 1513, which was part of plaintiff Nisei Farmer's prior Motion for Declaratory Relief. The court denied the plaintiff's request for a stay and granted the state's demurrer to the complaint without leave to amend effectively ending the case at the trial court level, but for plaintiffs filing a Writ or an Appeal of the ruling (depending on whether the plaintiffs are able to amend as discussed further below). A copy of the court's Minute Order can be viewed here with the Modified Tentative Ruling on the State's Demurrer and the Tentative Ruling on the Plaintiff's Motion for Partial Declaratory Relief.

As you may recall, the Plaintiff Nisei Farmers League and CBIA recently filed a Motion for Declaratory Relief, following the denial of its motion for a Preliminary Injunction. The plaintiffs argued that AB 1513 and specifically, "actual sums due" and "non-productive time" were ambiguous as a matter of law. The court disagreed finding "in this legal context, 'actual sums due' and 'non-productive time' are defined with 'reasonable specificity' and are not vague and ambiguous as a matter of law."

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