Off-the-Clock Work Must be Paid

Last week, the California Supreme Court, in a case called Troester v. Starbucks Corporation, confirmed that California wage and hour law “does care for small things.” In this case, it cares about small increments of time spent on work off-the-clock by hourly employees. Small increments in this case is about 4 to 10 minutes after clocking out. De Minimis Doctrine This is a departure from federal law’s more employer-friendly version of the de minimis doctrine. The de minimis doctrine is an established defense under the Fair Labor Standards Act (FLSA), which allows employers to disregard time as de minimis (and therefore not have to pay employees for that time) if the employer could prove: (1) it would be difficult and impractical for the employer to record the additional time; (2) the total amount of compensable time is minimal; and (3) the additional work is irregular. For example, pre-shift or post-shift meetings. Starbucks Hourly Employee Worked 4 to 10 Minutes Off-the-Clock Each Shift In the Troester v. Starbucks case, Douglas Troester worked for Starbucks as an hourly shift supervisor. As part of … Continue reading

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California Minimum Wage Increase 2017

The new year brings many things and one of those is a new minimum wage. Effective January 1, 2017, new minimum wage requirements go into effect at the local and state level. The minimum wage is the lowest rate per hour that an employer may pay a non-exempt employee.   However, since the salary test for exempt employees requires that they make at least twice the minimum wage for full-time employment, changes in the minimum wage will affect the minimum salary that you pay your exempt employees as well. Determining what you need to pay workers depends on: How many employees you have; and Where they work. If there is a conflict between the state, county, and/or local minimum wage rate, follow the stricter standard (i.e. the one that is most beneficial to employees). Below is a non-exhaustive chart of the effective minimum wage rates effective as of the date of this post. Location Employers with 26 or More Employees Employers with 25 or Less Employees State of California $10.50 $10.00 City of Los Angeles $10.50 (until July 1, 2017) $10.00 … Continue reading

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