9th U.S. Circuit Court of Appeals,
Appellate Practice,
California Supreme Court,
Labor/Employment
Sep. 3, 2016
State high court will likely adopt federal de minimis rule
The 9th Circuit recently asked the California Supreme Court to answer whether the federal "de minimis rule" for wage actions — whereby employees cannot seek compensation for "negligible" time worked — applies in California.
Felix Shafir
Partner
Horvitz & Levy LLP
Appellate Law
Email: fshafir@horvitzlevy.com
Felix's practice focuses on the defense of class and representative actions.
Decades ago, the U.S. Supreme Court recognized a "de minimis rule" for employees' federal wage claims seeking compensation under the Fair Labor Standards Act for "negligible" time worked. Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946). Thus, in FLSA cases, employees generally "cannot recover for otherwise compensable time if it is de minimis." $95
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In