Pub. L. 109-8, tit. III, sec. 329
CLARIFICATION OF POSTPETITION WAGES AND BENEFITS.
SEC. 329. CLARIFICATION OF POSTPETITION WAGES AND BENEFITS. Section 503(b)(1)(A) of title 11, United States Code, is amended to read as follows:“(A) the actual, necessary costs and expenses of preserving the estate including—“(i) wages, salaries, and commissions for services rendered after the commencement of the case; and“(ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay attributable to any period of time occurring after commencement of the case under this title, as a result of a violation of Federal or State law by the debtor, without regard to the time of the occurrence of unlawful conduct on which such award is based or to whether any services were rendered, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of current employees, or of nonpayment of domestic support obligations, during the case under this title;”.