Podcast: California Employment News - Time to Do Away With Rounding Policies
California Employment News: Time to Do Away With Rounding Policies
Case In Point: Recent Developments in Employment Law
Employment Law This Week: Pregnant Workers, Time-Rounding Practice, Gender Discrimination, National Origin Discrimination
I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more
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
The U.S. Court of Appeals for the Ninth Circuit held on October 24, 2022, in Cariene Cadena et al. v. Customer Connexx, LLC et al., No. 21-16522, that the time a group of call center workers spent booting up their computers...more
A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
It is every employer’s worst nightmare: an unsuspecting employee receives an email in the early morning from an individual claiming to be his supervisor. The email asks him to follow up on an urgent work assignment that needs...more
Join hosts Bud Bobber and Keith Kopplin as they discuss important wage and hour topics for manufacturing industry employers, including compensable work, pre and post-shift activities, donning and doffing, meal and rest...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
• In Troester v. Starbucks Corporation, the California Supreme Court on July 26, 2018, resoundingly rejected the de minimis doctrine commonly applied under the federal Fair Labor Standards Act (FLSA) to claims for unpaid...more
Yesterday, the California Supreme Court issued its ruling in Troester v. Starbucks Corporation, and departed from federal law’s more employer-friendly version of the de minimis rule, which it characterized as stuck in the...more
As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more