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Important reminder for CALPASC members, regarding a recently decided California Supreme Court Ruling

Friday, September 14, 2018  
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Important reminder for CALPASC members, regarding a recently decided California Supreme Court Ruling

 

On July 26, 2018, the Justices confirmed that there is no "de minimis" amount of time that employees can work off the clock. In Douglas Troester v. Starbucks Corporation, Starbucks contended that even though Troester had to clock out before performing the store closing tasks; the time involved performing those tasks were minor and it was hard to administer recording and paying for that time.Starbucks had gone to Federal Court, hoping to get a "de minimis" ruling under the Federal Fair Labor Standards Act(FLSA). The Federal court referred the matter to the California Supreme Court, which gave the clear ruling. The state Supreme Court justices did leave open a small possibility that some time could be involved that would be too hard to administer, but they were ruling only on the facts presented by the Troester v. Starbucks case.

The bottom line is to include all employees time as wages. Please consult your labor attorney for any questions regarding whether time is recordable and payable. The time involved for Troester was minor, but as we know, over months or years the amount adds up with penalties and interest.

 

You can see a copy of the ruling HERE.


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