California Supreme Court Rejects Federal “de minimus” Rule

On July 26, 2018, the California Supreme Court issued its opinion in Troester v. Starbucks. The Court held that the federal “de minimis” doctrine under the Fair Labor Standards Act, which excuses the payment of wages for small amounts of otherwise compensable time upon a showing that the bits of time are administratively difficult to record, has not been adopted by California Labor Code statutes and Industrial Welfare Commission Wage Orders. The Court also held that the de minimis doctrine did not apply to the facts of the case in question. The Court stopped short of holding that the de minimis doctrine cannot be applied to any circumstance in California, leaving for another day the question

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