De Minimis Claims

News & Analysis as of

Employment Law - September 2016 #2

California Appellate Court Moves Associational Disability Claims Forward - Why it matters - Recognizing associational disability claims, a California appellate panel ruled that an employee's claim for disability...more

Ninth Circuit Approves Neutral Time Clock Rounding Practice

Time clock rounding is a longstanding employer practice whereby employers round employee starting and stopping times to the nearest five minutes, or to the nearest one-tenth or quarter of an hour. Is the practice legal? For...more

FINRA’s Proposed Rules on Gifts, Gratuities, and Non-Cash Compensation

If adopted as proposed, the rules will largely expand supervisory resources needed to oversee compliance. After a two-year silence, the Financial Industry Regulatory Authority (FINRA) has proposed amendments to Rule 3220...more

CFTC Releases Its Final Staff Report on the Swap Dealer De Minimis Exception

Last month the Commodity Futures Trading Commission (“CFTC”) released the final report of its staff (the “Staff”) on the de minimis exception to the CFTC’s definition of “swap dealer” (the “Final Report”). That exception,...more

CFTC Staff Issues Final Swap Dealer De Minimis Exception Report

On August 15, 2016, Staff of the U.S. Commodity Futures Trading Commission (“CFTC”) published a final report regarding the de minimis exception from swap dealer registration (“Staff De Minimis Report”).  The Staff De Minimis...more

2016 Amendments to the Delaware General Corporation Law

On June 16, 2016, Delaware Governor Jack Markell signed into law House Bill No. 371, which makes a number of noteworthy changes to the Delaware General Corporation Law (“DGCL”). The most significant 2016 amendments to the...more

VMG Salsoul LLC v. Ciccone - USCA, Ninth Circuit, June 2, 2016

Ninth Circuit breaks from Sixth Circuit in music copyright infringement case over a 0.23-second horn segment in Madonna’s pop hit “Vogue,” holding that de minimis copying exception applies to copyrighted sound...more

Short Samplings of Songs May Not Be Considered Copyright Infringement After All

The Ninth Circuit Court of Appeals just decided that sampling a song without permission does not necessarily infringe the copyright. Many artists have built careers by sampling an old song to create a new work. Until now,...more

Ninth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue” Copyright Dispute

In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a 0.23-second horns segment...more

Ninth Circuit Roundly Supports Time Punch Rounding

The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more

Second Circuit Affirms Denial of Class Certification in FDCPA Action for De Minimus Recovery

Gallego v. Northland Grp. Inc., No. 15-1666-CV, 2016 WL 697383 (2d Cir. Feb. 22, 2016) - Debtor brought a class action against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) by...more

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing...

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots,...more

Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which...more

De Minimis Principle Returns to Class Actions in Quebec

In our November 2015 Blakes Bulletin: De Minimis Rule is Back in the Context of Class Actions, we analyzed the Sofio c. Organisme canadien de réglementation du commerce des valeurs mobilières (Sofio) decision of the Court of...more

De Minimis Rule is Back in the Context of Class Actions

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances,...more

Flag on the Play! Expired Contractor’s License!

It’s football season again. Which means, of course, that in addition to touch downs and field goals, you’ll also see hooting and hollering when the ref throws down a yellow flag signaling that a foul has been committed....more

Next on DOL’s Agenda: Mobile Device Use Outside Work Hours

It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer. After releasing in June a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor...more

Evidence of Likelihood of Confusion: A Brief Overview

When attempting to prove a trademark infringement claim the fundamental inquiry is whether the defendant’s use of its mark is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C.A. § 1114(1). The...more

Contractual Recognition of Bail-In - EBA publishes Final Draft RTS but practical difficulties remain

Following our article on the European Banking Authority's (EBA) consultation paper on the contractual recognition of bail-in, and industry responses to it, EBA has published the Final Draft Regulatory Technical Standards...more

Hang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues

On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

Third Circuit Upholds the Motor Carrier Exemption for Drivers Who Did Not, But Reasonably Could Have Been Expected to, Cross State...

Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act?  Yes, according to the U.S. Court of Appeals for the Third...more

Can A Certified Class Include Uninjured Parties? First Circuit Majority Says “Yes,” In Some Instances

One of the “hot” issues in class actions today is whether, or to what extent, a class can be defined to include members who were not injured, and do not have standing to sue. ...more

CFTC Finalizes Rule to Exclude Swaps with Municipal Utilities From $25 Million De Minimis Swap Dealer Threshold

The CFTC has published its final rule to exclude most swaps used for hedging purposes by municipal and other governmental utilities from counting against the $25 million swap dealer de minimis threshold that currently applies...more

Corporate and Financial Weekly Digest - Volume IX, Issue 22

In this issue: - Delaware Legislation Banning Fee-Shifting in Bylaws and Charters - CFTC Proposes to Amend De Minimis Threshold for Swaps with Utility Providers - CFTC Grants Recordkeeping Relief for...more

The Death of "De Minimis" Is Greatly Exaggerated

The "de minimis" worktime concept is a common-sense, court-recognized notion dating from the federal Fair Labor Standards Act's earliest days. It has been articulated by the U.S. Labor Department this way...more

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