With briefs due next week, we anxiously await the California Supreme Court’s review of the de minimis doctrine.  Under the doctrine, employers are not obligated to pay employees for small increments of off-the-clock time spent preparing for or ending a shift, provided such time amounted to approximately 10 minutes or less of work.

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One of the greatest challenges facing California employers is determining when hourly employees are properly on or off the clock. This is especially true when employees don’t perform their work in a centralized location where they can clock in and out. A decision last week out of the Ninth Circuit – Rutti v. Lojack Corp. – illustrates the difficulty employers face.