Does the de minimis rule apply to employee compensation cases specifically using the Lindow factors?

California, United States of America


The following excerpt is from Troester v. Starbucks Corp., 235 Cal.Rptr.3d 820, 421 P.3d 1114, 5 Cal.5th 829 (Cal. 2018):

Only one published Court of Appeal decision has applied the de minimis rule in an employee compensation case, specifically using the Lindow factors. ( Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 527528, 93 Cal.Rptr.3d 388.) But it did so without considering whether the rule should apply to California wage claims,

[235 Cal.Rptr.3d 828]

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