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Timekeeping De Minimis Claims

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Miller Nash LLP

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 2

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In Part 2 of our blog series highlighting some of the risks for employers when pay and time practices don’t comport with wage and hour laws, the case details and key takeaways below should provide West Coast employers...more

Miller Nash LLP

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 1

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As it turns out, yes, people do care about time. Two recent court cases highlight some of the risks for employers when pay and timekeeping practices don’t comport with wage and hour laws. We’ll provide overviews of each case...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

McAfee & Taft

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

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Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Fisher Phillips

Of Trifles And Truffle Mochas: How A Recent Case Against Starbucks May Impact Retailers

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This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...more

Fox Rothschild LLP

CA Supreme Court Revises Opinion On De Minimis Rule

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In July, the California Supreme Court announced that various provisions of the Labor Code and the IWC Wage Orders did not incorporate the de minimis doctrine. According to that doctrine, some alleged wrongs are so trivial or...more

Best Best & Krieger LLP

Down To The Minute: Starbucks Wage-And-Hour Decision - California Supreme Court Rejects Employer-Friendly Defense In Class Action

California employers cannot require employees to routinely work — even for just minutes — off-the-clock without compensation, according to the California Supreme Court’s recent opinion in Troester v. Starbucks. ...more

Foley & Lardner LLP

California Supreme Court Says Employers Must Pay for Several Minutes of Off-the-Clock Work

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Last Thursday, July 26, the California Supreme Court issued an opinion concluding that coffee retailer Starbucks must pay its employees for off-the-clock duties that take several minutes per shift. In issuing its opinion, the...more

Perkins Coie

California’s High Court Rejects FLSA’s De Minimis Doctrine

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The California Supreme Court issued an opinion on July 26, 2018, and found that the federal Fair Labor Standards Act’s de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Federal...more

Buchalter

California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

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Douglas Troester v. Starbucks Corporation (July 26, 2018) - On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to...more

Ervin Cohen & Jessup LLP

Employment Law Reporter August 2018: California High Court Restricts Employer-Friendly ‘De Minimis’ Defense for Off-the-Clock Work

Last Thursday, the California Supreme Court issued a ground-breaking decision that severely limits employers’ ability to rely on the ‘de minimis’ doctrine as a defense to not paying for minimal increments of off-the-clock...more

Alston & Bird

California Tosses De Minimis Doctrine for Off-the-Clock Work

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The California Supreme Court has rejected the federal Fair Labor Standards Act’s de minimis doctrine and put the burden on employers to account for “all hours worked.” Our Labor & Employment Group explains the court’s ruling...more

Blank Rome LLP

“De Minimis” May Be Down, but It’s Not Out—And What Does It Mean for Employer Rounding Policies in California?

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On July 26, 2018, the California Supreme Court issued its long-awaited opinion in Troester v. Starbucks Corp., __ P.3d __ (2018). In the days that have followed, legal headlines have lamented the presumed “death” of the de...more

Bradley Arant Boult Cummings LLP

How Much Is Closing a Door Worth? The California Supreme Court Addresses the De Minimis Doctrine - Labor & Employment Newsletter

On August 6, 2012, Douglas Troester, a former shift supervisor at a Starbucks location, filed a lawsuit against Starbucks in state court in Los Angeles, California. Mr. Troester filed his lawsuit on behalf of himself and a...more

Kilpatrick

California Supreme Court: the FLSA’s de minimus rule does not apply to California wage and hour claims, especially wage and hour...

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It is a small world after all. Last week, the California Supreme Court decided that the de minimus rule, imported by the U.S. Supreme Court into the Fair Labor Standards Act (FLSA) in 1946 (Anderson v. Mt. Clemens Pottery...more

BakerHostetler

California State Court Rules That Loose Change Adds Up … and So Will the Penalties

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We’ve all been there: You pull up to a parking spot, hop out to check whether the meter requires payment on Sunday and then grumble as you fish around in the coin tray. With any luck, you find a quarter or two. More often...more

Farella Braun + Martel LLP

California Supreme Court Declines to Apply Federal Excuse for Short Unrecorded Work Periods

Last week, in Troester v. Starbucks, a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de minimis work exceptions. Yet, the Court declined to define when, if...more

Dorsey & Whitney LLP

California High Court Rejects De Minimis Standard, Requiring Employers to Account for and Compensate Even Small Increments of Time...

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In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more

Downey Brand LLP

California Supreme Court Declines to Apply the Federal De Minimis Doctrine to Post-Shift Activities

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Last week, the California Supreme Court ruled in favor of a former Starbucks employee seeking compensation for time spent closing the store after clocking out. This decision in Troester v. Starbucks may limit the ability of...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Issues Narrow Holding In De Minimis Case, Leaving Many Issues Unresolved

On July 26, 2018, the California Supreme Court issued its long awaited decision in Troester v. Starbucks Corporation (S234969) on whether California wage and hour law recognizes the de minimis doctrine established by the...more

Orrick - Employment Law and Litigation

Wait a Minute…California Supreme Court Says Employers Must Pay for De Minimis Off-the-Clock Work

On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts. In a unanimous decision, the Court held that...more

Stoel Rives - World of Employment

California Supreme Court Determines that the Federal De Minimis Doctrine Does Not Apply to California Wage Claims

In Troester v. Starbucks Corp., the California Supreme Court determined that the federal de minimis doctrine does not apply to California wage claims. While this ruling does not completely eviscerate this legal defense for...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court Declines to Adopt Federal De Minimis Rule for Wage Claims

Employers in California must compensate workers for all reasonably measurable time worked, according to a California Supreme Court ruling on July 26, 2018. A unanimous court held that the so-called “de minimis” rule...more

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