California Supreme Court finds mere minutes matter…sometimes

Today, the California Supreme Court issued its much-anticipated opinion in Troester v. Starbucks Corp., No. S234969 (Cal. July 26, 2018), regarding whether the long-standing de minimis doctrine adopted under the federal Fair Labor Standards Act (FLSA) applies to claims for unpaid wages for minute increments of time under the California Labor Code. The majority opinion held that the de minimis doctrine did not apply under the particular facts of the putative class action in which a Starbucks employee performed “store closing tasks” each closing shift that required him to work “four to 10 additional minutes each day.” Ultimately, the Court left undecided the possibility of applying the de minimis rule under different factual circumstances because it expressly refused to “decide whether there are circumstances where compensable time is so minute or irregular that it is unreasonable to expect the time to be recorded.” The federal de minimis…

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