California Supreme Court Takes De Minimus to the Maximus

In its long-awaited decision in Troester v. Starbucks Corporation, the California Supreme Court refused to apply the federal Fair Labor Standard Act’s (“FLSA”) de minimis rule in a lawsuit seeking recovery of unpaid wages pursuant to California state law. Under the de minimis doctrine, employers in some circumstances are excused from paying wages for small amounts of otherwise compensable work, where the time is shown to be difficult to track and record.


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Info on Employer AB 450 Requirements,
Employee Notices, and I-9 Compliance 

A recent (Feb. 14, 2018) Sacramento Bee article includes a review of AB 450 (Immigrant Worker Protection Act) requirements for employers. Click here for the article. It alludes to the forms that the Labor Commissioner has recently posted for employers to provide required notice to employees in the event of a DHS/ICE enforcement visit, including I-9 audits. Please click here for the Labor Commissioner/DLSE webpage with the AB 450 employee notification form. The Spanish version of the form is found on this webpage.

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AB 1513 Legal Challenge Extends Safe Harbor Deadline

Major Decisions Pending

Attorneys representing the Nisei Farmers League have challenged several aspects of the AB 1513 provisions, resulting in an extension in the deadline from July 1 to July 18 for employers to sign up for the safe harbor provisions.  Arguments against AB 1513 address terms such as "other non-productive time" as unconstitutionally vague. 

Read more: AB 1513 Safe Harbor Deadline Extended