Gap Between Calif. And Federal Wage And Hour Law Grows

By Kirstin Muller ( August 2, 2018, 1:41 PM EDT) -- California employers have long relied on the Fair Labor Standards Act's de minimis rule as a defense to off-the-clock claims. Courts have applied the FLSA's de minimis rule to find that employers need not compensate employees for all time worked under certain circumstances. The FLSA's de minimis test asks "whether otherwise compensable time is de minimis," by considering "(1) the practical administrative difficulty of recording the additional time; (2) the aggregate amount of compensable time; and (3) the regularity of the additional work.'" Under the FLSA test, courts had found that up to 10 minutes of work time might qualify as de minimis and, therefore, employers need not pay employees for this time....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!