California Supreme Court Holds Federal De Minimis Rule Not a Defense to State Wage Claims

On July 27, 2018, the California Supreme Court held that the de minimis rule found in the federal Fair Labor Standards Act (FLSA) does not apply to wage claims brought under California state law. The court thus rejected an employer's attempt to invoke the rule as a defense to an employee's claim that he was routinely required to work off-the-clock for a few minutes each day.
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On July 27, 2018, the California Supreme Court held that the de minimis rule found in the federal Fair Labor Standards Act (FLSA) does not apply to wage claims brought under California state law. The court thus rejected an employer's attempt to invoke the rule as a defense to an employee's claim that he was routinely required to work off-the-clock for a few minutes each day.

Aaron Buckley, is a partner at Paul, Plevin, Sullivan & Connaughton LLP in San Diego. He represents employers in cases involving wage and hour, discrimination, wrongful termination and other issues. Mr. Buckley is a member of the Wage & Hour Defense Institute, a defense-side wage and hour litigation group consisting of wage and hour litigators throughout the United States.

Kara Siegel, is an associate at Paul, Plevin, Sullivan & Connaughton LLP in San Diego. She represents employers in all aspects of labor and employment litigation, specializing in wage and hour disputes. Ms. Siegel co-chairs the Professional Advancement Committee of Lawyers Club of San Diego.

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