Troester Weighs On 9th Circ. At Nike Bag Check Hearing

Law360 (June 14, 2019, 6:29 PM EDT) -- A Ninth Circuit panel appeared open Friday to reviving separate certified class actions alleging Nike and Converse must pay workers for time spent during mandatory security inspections, with two judges indicating the California Supreme Court's recent Troester v. Starbucks decision could impact the cases.

During a hearing in San Francisco, U.S. Circuit Judge Milan Smith said the companies were asking the panel to construe the state high court's July ruling in Troester as establishing a "minute threshold," or something like it, for courts to consider whether a company is liable for paying workers off-the-clock.

But Judge Smith said he's not sure...

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