Rodriguez v. Nike Retail Services, Inc., No. 17-16866 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's grant of summary judgment for Nike in a class action brought by plaintiff and similarly situated Nike employees, seeking compensation for "off the clock" exit inspections every time they leave the store. The district court held that plaintiff's claims were barred by the federal de minimis doctrine, which precludes recovery for otherwise compensable amounts of time that are small, irregular, or administratively difficult to record.
However, the California Supreme Court subsequently held in Troester v. Starbucks Corp., 421 P.3d 1114 (Cal. 2018), that the federal de minimis doctrine does not apply to wage and hour claims brought under California law. Accordingly, the panel remanded for further proceedings consistent with Troester.