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Expert Analysis

An Unclear Path For Defending Calif. Wage-And-Hour Claims

By Brandon Takahashi and Brian Noh ( August 28, 2018, 1:06 PM EDT) -- As wage-and-hour litigation continues to evolve in California, recent decisions from the California Supreme Court in Douglas Troester v. Starbucks Corporation and the U.S. Northern District Court of California in Ser Lao v. H&M Hennes & Mauritz LP have thrust, stage-front, the question of whether the de minimis doctrine, long-held as a defense against wage-and-hour claims brought under the Fair Labor Standards Act, will be applicable at all as a defense when applied to the California Labor Code....

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