All in Wage-hour

Troester v. Starbucks Corp., Cal. no. S234969 (July 26, 2018). De minimis doctrine did not apply to state-law wage-and-hour claims by Starbucks employee who worked four to ten minutes each workday off the clock (e.g., transmitting daily sales data and locking up the store).

Raines v. Coastal Pacific Food Distributors, Inc., Cal. Ct. App. 3d Dist. (May 22, 2018): PAGA actions to enforce Labor Code section 226(a) do not require a showing of actual injury; actual injury is only required to secure actual or statutory damages under section 226(e), but is not required to prosecute an enforcement action to secure an employer’s compliance with the Labor Code

Dynamex Operations West v. Superior Court, no. S222732 (Cal. Apr. 30, 2018): Cal Supremes rule on when a worker may be classified as an independent contractor as opposed to an employee under the Wage Orders of the Industrial Welfare Commission. The Cal Supremes held that California workers are presumptively employees and adopted a three-part test that must be satisfied in full by the hirer to establish independent-contractor status.