Last year, the California Supreme Court held the federal “de minimis” doctrine does not apply to California state law claims for unpaid wages for off-the-clock work allegedly performed on a regularly occurring basis in store closing and related activities. Troester v. Starbucks Corp., 5 Cal. 5th 829. However, the California Supreme Court also noted that it was “leaving open whether there are wage claims involving employee activities that are so irregular or brief in duration that employers may not be reasonably required to compensate employees for the time spent on them.” So, what circumstances may qualify for the exception left open in Troester? The U.S. Court of Appeals for the Ninth Circuit may soon answer the question left open by the California court.
Please find the rest of this Jackson Lewis legal update here.