California: De Minimis Time Just Got Smaller – A New Wage and Hour Challenge
APPLIES TO All Employers with CA Employees |
EFFECTIVE July 26, 2018 |
QUESTIONS? Contact HR On-Call |
Employers should take immediate action! Recently, in Troester v. Starbucks, the California Supreme Court stated that 4-10 minutes of time worked on a regular basis after clocking out must be compensated. Historically, federal law and the California Division of Labor Standards Enforcement stated that employers do not have to pay employees for small amounts of time irregularly worked off-the-clock, where the administrative burden in recording such time is impractical or unreasonable. This de minimis time covers brief pre-shift or post-shift tasks, such as when turning on a computer or locking up. However, California employers may not be able to rely on the de minimis doctrine any longer.