In an attempt to preserve your defenses, if you have submitted the “Piece-Rate Back Pay Notice of Election Form,” Karen suggests resubmitting it with the following language inserted in the “Other Locations Where Employer Does Business…” section:
“In making this election, [YOUR NAME] does not agree or admit it has any liability arising from piece rate pay practices for previously uncompensated or undercompensated rest and recovery periods and nonproductive time, and otherwise reserves all rights to contest the interpretation and application of Cal. Lab. Code 226.2. Nevertheless, [YOUR NAME] avails itself of the protections of Labor Code Section 226.2 by filing this Notice and, if applicable, electing to assess and pay any due back wages to former and current employees who were or are paid piece-rate as set forth in subdivisions (b) and (c) of Labor Code Section 226.2.”
The Team at the Law Office of Karen J. Sloat
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