Gap Between Calif. And Federal Wage And Hour Law Grows

Law360 (August 2, 2018, 1:41 PM EDT) -- California employers have long relied on the Fair Labor Standards Act’s de minimis rule as a defense to off-the-clock claims. Courts have applied the FLSA’s de minimis rule to find that employers need not compensate employees for all time worked under certain circumstances. The FLSA’s de minimis test asks “whether otherwise compensable time is de minimis,” by considering “(1) the practical administrative difficulty of recording the additional time; (2) the aggregate amount of compensable time; and (3) the regularity of the additional work.’” Under the FLSA test, courts had found that up to 10 minutes of work time might qualify as...

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