Tags: Fair Labor Standards Act; arbitration; class action waivers; Eleventh Circuit

At this point, California employers are all too familiar with litigation seeking compensation for preliminary and postliminary activities.  The de minimis doctrine is a main line of defense in actions for these claims.  Recognized in the seminal U.S. Supreme Court decision of Anderson v. Mt Clemens Pottery Co., the de minimis doctrine is the embodiment of the common sense proposition that the law does not care about trivialities.  A court applying the de minimis doctrine looks at (1) whether the work tasks in question are administratively feasible to capture, (2) the amount of unpaid time spent performing a task and (3) the regularity of the additional work.  A plaintiff is not entitled to compensation for time that is de minimis. 

To read this blog post click here