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California: De Minimis Time Just Got Smaller – A New Wage and Hour Challenge

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July 26, 2018

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Employers should take immediate action!  Recently, in Troester v. Starbucks, the California Supreme Court stated that 4-10 minutes of time worked on a regular basis after clocking out must be compensated. Historically, federal law and the California Division of Labor Standards Enforcement stated that employers do not have to pay employees for small amounts of time irregularly worked off-the-clock, where the administrative burden in recording such time is impractical or unreasonable. This de minimis time covers brief pre-shift or post-shift tasks, such as when turning on a computer or locking up. However, California employers may not be able to rely on the de minimis doctrine any longer.

California: Employers Face New Hurdles with Independent Contractor Classifications

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April 30, 2018

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In Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court created a new test for determining whether a worker is an employee or independent contractor for purposes of wage and hour claims, making it one of the strictest standards in the country. A class action was filed against a delivery service employer who converted its employee drivers to independent contractors in 2004 for economic reasons. The class alleged, in part, that they were misclassified and Dynamex failed to pay overtime, provide itemized wage statements, and reimburse business expenses.

California: Arbitration May be Enforced For Certain Wage and Hour Claims

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August 3 and 21, 2017

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Two recent state Court of Appeal cases permit arbitration of certain wage and hour claims, including representative actions under the Private Attorney Generals Act (“PAGA”) and an administrative wage claim filed before the Department of Labor Standards Enforcement (“DLSE”), under certain circumstances.