Friday, July 27, 2018

Working Off the Clock Five Minutes After Closing: Does Starbucks Owe?


Yes, according to the California Supreme Court. BNA reports:
Douglas Troester, a supervisor at a Starbucks in Burbank, filed a lawsuit because the checklist for closing the store required him to clock out so he could upload data about employees’ hours, sales, and other information before leaving work, which he said required a few minutes of off-the-clock work. Starbucks changed its system so that punching out initiated the information upload.
Short amounts of work time can add up. One uncompensated minute for an employee who earns minimum wage could cost a business up to $2,520 in penalties, the California Retailers Association said in a brief to the state high court. The group argued in favor of applying the federal minimal time rule, which doesn’t require pay for certain kinds of small, or “de minimis,” amounts of off-the-clock work.
What if you’re not in California?
Interesting, the federal wage-and-hour law permits employers not to pay for up to seven minutes of after-work work—but there is a catch. If that work—it’s called postliminary— closely relates to an employee’s actual work, then the time is compensable.
In my judgment, Starbucks owes Troester under federal law, too. The work he did was not “incidental.” It was clearly in the scope of his duties.
Backdrop: Today, the Commerce Department announced that the economy grew at 4.1% this past quarter. That’s great! But wages are barely rising. Come on, Starbucks and others— stop cheating workers like you did to Mr. Troester.

No comments: