Petition for Rehearing Denied in Troester v. Starbucks; Minimal change to Opinion

The California Supreme Court denied the Petition for Rehearing in Troester v. Starbucks, making a tiny change to the Opinion.  Here is the change, which was made to the last paragraph:

Old version:

We hold that the relevant California statutes and wage order have not incorporated the de minimis doctrine found in the FLSA. We further conclude that although California has a de minimis rule that is a background principle of state law, the rule is not applicable here. The relevant statutes and wage order do not allow employers **834 to require employees to routinely work for minutes off-the-clock without compensation. We leave open whether there are wage claims involving employee activities that are so irregular or brief in duration that it would not be reasonable to require employers to compensate employees for the time spent on them.

New version:

We hold that the relevant California statutes and wage order have not incorporated the de minimis doctrine found in the FLSA.  We further conclude that although California has a de minimis rule that is a background principle of state law, the rule is not applicable to the regularly reoccurring activities that are principally at issue here.  The relevant statutes and wage order do not allow employers to require employees to routinely work for minutes off the clock without compensation.  We leave open whether there are wage claims involving employee activities that are so irregular or brief in duration that employers may not be reasonably required to compensate employees for the time spent on them.

So that makes this Opinion final final.  Can't wait until its final final final.  Or even final final final final.

Episode 19 of the Class Re-Action Podcast is Now Available

Join us on Episode 19 for a lively discussion of potential implications from the recent Troester v. Starbucks decision from the California Supreme Court.  Listen as I attempt to control the crowd cheering for me.

BREAKING NEWS: Troester v. Starbucks opinion will be released tomorrow

Hot off the notification presses, the California Supreme Court will release its opinion in Troester v. Starbucks tomorrow, at about 10:00 a.m.

Wagers on whether California will adopt the Lindow rule for de minimis time?  Comments?

Troester v. Starbucks set for oral argument before California Supreme Court

Troester v. Starbucks Corporation has been set for oral argument before the California Supreme Court on Tuesday, May 1, 2018, at 9:00 a.m., in San Francisco.

Troester v. Starbucks page updated with additional briefs

Amicus Briefs and Responses have been added to the Troester v. Starbucks resources page.

Briefs on the merits are available in Troester v. Starbucks

Briefing on the merits is complete in Troester v. Starbucks Corporation (S234969).  The California Supreme Court granted the Ninth Circuit's request to decide an issue of California law.  The issue, taken from the California Supreme Court's Case Summary page is:

Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: Does the federal Fair Labor Standard Act's de minimis doctrine, as stated in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946) and Lindow v. United States, 738 F.2d 1057, 1063 (9th Cir. 1984), apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197?

If you are interested, I've made the Briefs available here.  A new sidebar link will also get you there.