The federal Fair Labor Standards Act allows an employer to throw out small amounts of time if it’s considered de minimis time. California law offers workers in this state the unique protection of requiring employers to pay for all time, even short de minimis time, even though it’s allowable for employers to overlook that time under federal law.
The Industrial Welfare Commission Orders notes in Section 2 that “hours worked” means all time that the employee is working, whether they were required to do so or not. This means that even small increments of time, including just a few minutes, must be paid in California.
Employers often argue that small increments are hard to track
Some employers argue that tracking small increments of time is too difficult and costly. Still, it’s imperative that workers have a way to report these small periods, even if the time is five minutes to answer the phone. A California Supreme Court opinion affirms this requirement for California businesses.
If you think about it, this is critically important for employees because they deserve to be paid for any work they do for their employer. There’s a chance that these small de minimis periods can add up significantly, particularly if an employee works overtime or long shifts.
Workers in California who aren’t paid for all of their time worked may have legal claims. It’s important to keep track of all time, regardless of how small, to ensure that you’re paid properly. Working with someone familiar with these matters is a good idea because they can become complex if you have to battle against an employer.