Hourly Employee Pay In Calif. Hangs In The Balance

By Grant Alexander (May 3, 2018, 1:32 PM EDT) -- On May 1, the California Supreme Court heard oral arguments in the highly anticipated case Troester v. Starbucks Corporation as clouds gathered around the longstanding de minimis doctrine. The case, which is currently pending before the Ninth Circuit, was referred to the California high court by the Ninth Circuit panel so that it could answer a key question — does the de minimis doctrine, traditionally applied in both California and federal Fair Labor Standards Act cases, apply to wage claims made under the California Labor Code? Having concluded oral arguments, the California Supreme Court will now consider this question. The answer may drastically change how employers do business in California as they rethink how to track employee time spent before and after a shift. Reading the tea leaves from oral argument, employers in California should be prepared for a new storm of wage and hour claims....

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