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Wage & Hour Litigation Blog

It So Happens That The De Minimis Doctrine Is Only Mostly Dead: District Court Holds That Boot Up Time In Call Center Generally Is Non-Compensable

By Seyfarth Shaw LLP
June 1, 2023

By: Christina Jaremus and Noah Finkel

Seyfarth Synopsis:  A federal district court held that “boot-up” and “shut-down” time in a call-center environment is de minimis and therefore not compensable.

It has been hornbook law since the early days of the…

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … the De Minimis Principle

By Carly Baratt
April 20, 2020

Generally, the Fair Labor Standards Act (“FLSA”) requires employers to compensate their non-exempt employees for all time that they are required or allowed to perform work, regardless of where and when the work is done.  However, an exception exists for…

Labor & Employment Law Blog

California Supreme Court Issues Narrow Holding In De Minimis Case, Leaving Many Issues Unresolved

By John Ellis
July 30, 2018

On July 26, 2018, the California Supreme Court issued its long awaited decision in Troester v. Starbucks Corporation (S234969) on whether California wage and hour law recognizes the de minimis doctrine established by the United States Supreme Court in Anderson…

Employment Class Action Blog

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Produces a Narrow Holding Involving FLSA Precedent and Rule 23 Principles

By John Lewis & Dustin Dow
March 25, 2016

paycheckiStock_000018636518_LargeEmployees have been bringing wage-and-hour collective actions since long before class procedures were officially integrated into the Federal Rules of Civil Procedures in 1966. Section 16(b) of the Fair Labor Standards Act (FLSA) permitted collective actions when it was passed…

Labor Law Prof Blog

FLSA and Mt. Clemens after Tyson Foods v. Bouaphakeo

By Workplace Prof
March 22, 2016

    Today, the US Supreme Court decided Tyson Foods v. Bouaphakeo, an appeal from a jury verdict for plaintiffs seeking overtime pay via a Fair Labor Standards Act (FLSA) collective action and a Rule 23 class action under Iowa’s wage…

Wage & Hour Law Update

Ninth Circuit Upholds Trial Court’s Finding Rejecting Allegation of Unpaid Sixth Day of Work Despite Absence of Employer Records

By Noel P. Tripp
March 17, 2015

Counsel for wage-and-hour plaintiffs often argue – in settlement negotiations and in court – that the plaintiff’s burden under Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946), applicable if there are no records of hours worked, renders…

Starbucks Ruling Makes the Most of the De Minimis Doctrine

By Michael Fucci
March 24, 2014

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…

Wage & Hour Litigation Blog

Starbucks Ruling Makes the Most of the De Minimis Doctrine

By Michael Fucci & Seyfarth Shaw LLP
March 24, 2014

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…

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