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August 2018 Archives

California Supreme Court: the federal de minimis rule does not apply in California wage cases

May employers ask workers to perform brief, minor tasks while off the clock? This is the central question of Troester v. Starbucks, in which a former Starbucks shift supervisor alleged that the company did not properly compensate him for work he was regularly required to perform after clocking out, including transmitting data to corporate offices, activating the store alarm, turning off lights and locking up, walking other workers to their cars or waiting with them for their rides, and occasionally putting away patio furniture that had been left outside. Starbucks argued that the time spent on remaining closing tasks was too negligible to require tracking and compensation.

New law clarifies key terms in salary history inquiry ban

As many California employers are aware, state law now prevents employers from asking job applicants about their salary history or from using salary history to make decisions regarding job offers or starting salaries. As we discussed in a previous post, this new law, which went into effect on January 1, also requires that employers provide pay scale information to applicants upon reasonable request.

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