California Employers Must Pay
June 4, 2020, | Employment
WAGE & HOUR LAW – PAYMENT OF WAGES FOR EMPLOYEES NOT ON THE CLOCK
In California, the highest Supreme Court ruled that employers must compensate their employees for small tasks even if they are not on the clock. This includes but is not limited to employees putting on their uniforms at work, closing the store down, transmitting sales data, setting the alarm, bringing in the outside patio furniture, walking co-workers to the car, taking out the trash, and so forth. These tasks are generally performed after the employee clocks out and were not normally paid. As of July 2018, employees must be compensated for these small amounts of time.
An employee sued Starbucks for about $100 for his time performing approximately 13 hours of unpaid work. Starbucks fought him all the way up to the highest California Court and lost. Starbucks was essentially trying to analogize the Federal wage and hour law that does not require wage payments for such small amounts of time. The federal law exempts “de minimus” work from pay. The Federal Appellate Court asked the California Supreme Court to decide this issue. The California Supreme Court require chose not to follow Federal law, and held that that wages must be paid unless the tasks are “. . are so irregular or brief in duration.”
The bottom line is that California Employers generally pay for any time that an employee is required to be on the employer’s premises.
By Catherine M. Corfee, Esq.
Corfee Stone Law Corporation
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