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Los Angeles Times
Los Angeles Times
Business
Maura Dolan

Employers must pay workers for brief time they spend opening and closing workplaces, California's top court says

SAN FRANCISCO _ The California Supreme Court decided unanimously Thursday that employers must pay workers for the minutes they spend on brief tasks off the clock.

The ruling came in a response to a federal appeals court request to clarify California labor law.

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.

"A few extra minutes of work each day can add up," Liu wrote.

He noted that the former Starbucks employee who sued worked 12 hours and 50 minutes off the clock over a 17-month period. At $8 an hour, that amounted to $102.67.

"That is enough to pay a utility bill, buy a week of groceries, or cover a month of bus fares," Liu wrote.

Bryan Lazarski, a Century City lawyer who represents workers in employment disputes, called the decision "an excellent ruling for employees."

He 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. .

"There are a lot of places that have policies like Starbucks," he said.

He stressed that not all time down to a split second would have to be paid, but if the tasks are regular and anticipated, the employer must cover it.

Justice Goodwin Liu, who wrote Thursday's decision, said California's relevant laws "do not allow employers to require employees to routinely work for minutes off-the-clock without compensation."

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