As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s total time rounding for its non-exempt employees was unlawful. In so holding, the court held, “if an employer, as in this case, can capture and has captured the exact amount of time an employee has worked during a shift, the employer must pay the employee for ‘all the time’ worked.” The court rejected at least half a dozen prior appellate opinions and instead focused on carefully selected passages from the California Supreme Court’s holding in Troester v. Starbucks, 5 Cal.5th 829 (2018) and Donohue v. AMN, 11 Cal.5th 58 (2021). In Troester, the Supreme Court held the federal de minimis doctrine did not apply in California, and employees must be paid for all time worked, even during activities that occur regularly but take only a few minutes per day before clocking in (e.g., undergoing a bag check). In Donohue, the Supreme Court rejected time rounding for 30-minute meal periods, although it did not address whether rounding of clock punches for in and out times when shifts begin and end was improper.
Tyler Johnson is an associate in the Labor and Employment Practice Group in the firm's Los Angeles office.