Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA.
As readers of this blog, and particularly fans of The Princess Bride, know well, the de minimis doctrine is considered by many to be “mostly dead”
Continue Reading The De Minimis Doctrine Lives to Fight Another Day
Co-Authored by Sheryl Skibbe, Jon Meer, and Michael Afar
Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require payment. In contrast, the class failed to present actual evidence showing any amount
Continue Reading Nike Prevails On Bag Check Case
Co-authored by Hillary J. Massey and Kerry Friedrichs
The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy under the FLSA and the California Labor Code.
“This case turns on $15.02 and one minute.” From
Continue Reading Ninth Circuit Roundly Supports Time Punch Rounding
Co-authored by Arthur Rooney and Abad Lopez
Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement. So, does section 203(o) only apply to time spent donning and doffing at the beginning and end
Continue Reading Try This On For Size: Seventh Circuit Rejects Factory Workers’ Donning and Doffing Claims Based On Expansive View Of The “Workday”
Co-authored by Rishi Puri, Noah Finkel, and Andrew Paley
At this point, California employers are all too familiar with litigation seeking compensation for preliminary and postliminary activities. The de minimis doctrine is a main line of defense in actions for these claims. Recognized in the seminal U.S. Supreme Court decision of Anderson v. Mt Clemens Pottery Co.,
Continue Reading Starbucks Ruling Makes the Most of the De Minimis Doctrine