Employers must pay for off-clock work tasks
Published 12:00 am Friday, July 27, 2018
SAN FRANCISCO — The California Supreme Court decided unanimously Thursday employers must pay workers for the minutes they spend on brief tasks off the clock.
California’s laws “do not allow employers to require employees to routinely work for minutes off-the-clock without compensation,” Justice Goodwin Liu wrote for the court.
The U.S. 9th Circuit Court of Appeals, which asked the state high court to clarify the law, is considering a proposed class-action lawsuit against Starbucks brought by a manager who spent several minutes each night closing the store and walking workers to their cars after clocking out.
Liu noted the former employee who sued worked 12 hours and 50 minutes off the clock over 17-months. At $8 an hour, that amounted to $102.67.
Bryan Lazarski, a lawyer who represents workers in employment disputes, said the impact may be large because many jobs require workers to spend a few minutes on small tasks before or after their workday officially starts or ends, like locking doors when leaving.
He stressed that not all time down to a split second would be paid, but if the tasks are regular and anticipated, the employer must cover it.