9th Circuit: De Minimis Rule Does Not Apply to Regular Work Activity Regardless of How Little Time is Spent
APPLIES TO All Employers with CA Employees |
EFFECTIVE June 28, 2019 |
QUESTIONS? Contact HR On-Call |
In Rodriguez v. Nike Retail Servs., Inc., the Ninth Circuit refused to apply the de minimis rule to time employees spent participating in security checks after clocking out, even though the time spent could have been less than a minute. The de minimis rule allows employers to forego paying employees for short, uncertain and indefinite periods of time that are irregularly worked off the clock.