The Ninth Circuit Has Determined that Employers Can No Longer Apply the Federal De Minimis Doctrine

The Unites States Court of Appeal for the Ninth Circuit has held that the federal de minimis doctrine—which precludes recovery for otherwise compensable amounts of time that are small, irregular, or administratively difficult to record—does not apply to wage and hour claims brought under the California Labor Code. (Rodriguez v. Nike Retail Services, Inc. - filed June 28, 2019 - 2019 S.O.S. 17-16866.)

Specifically, the Ninth Circuit reversed the district court’s summary judgment in favor of Nike Retail Services, Inc., and held that after Troester v. Starbucks Corp., 421 P.3d 1114 (Cal. 2018), the federal de minimis doctrine – which precludes recovery for otherwise compensable amounts of time that are small, irregular, or administratively difficult to record – does not apply to wage and hour claims brought under the California Labor Code.