• Starbucks Loss Could Be H&M Worker's Gain
  • August 15, 2018
  • On July 26, the California Supreme Court ruled that a Starbucks Corp. shift supervisor should be paid for work he did after clocking out. The court rejected Starbucks' argument that the work the employee was performing after he clocked out fell under the de minimus rule and therefore was not compensable. In a similar case filed by H&M workers hours after the Starbucks decision, employees claim they are eligible for pay for time spent waiting on mandatory bag checks before they are allowed to leave the store. The H&M claim is a supplement to a December 13, 2017 motion for class action certification which would cover other H&M workers unless they opt out. The workers claim the bag check waiting periods can take as long as 15 minutes. Like Starbucks, H&M has argued that the waiting time is not compensable because it falls under the de minimus rule. The H&M case is currently before Judge Edward J. Davila of the U.S. District Court for the Northern District of California, but he has not scheduled oral argument on the class certification motion.