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Every Minute Counts: Supreme Court Rules Employers Cannot “Skim” Minutes

AM
Former Associate
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On Thursday, the California Supreme Court held the federal Fair Labor Standards Act de minimis rule, which limits suits over small increments of unpaid time upon a showing that the bits of time are administratively difficult to record, does not apply to California wage order claims. Limiting its holding to the facts of the case, the Court concluded that the employee’s putative class action claim is not barred by the rule where the employer required the employee to work several minutes “off-the-clock” each shift. For more information, the opinion is available here.