Eve Gillings v. Time Warner Cable LLC

MEMORANDUM

Eve Nercia Gillings, Phillip Bond, Patrice Hayes, and Rhandi Walters (together, “employees”) appeal the district court’s grant of summary judgment for Time Warner Cable LLC and Time Warner N.Y. Cable LLC (together, “Time Warner”) on the employees’ claims that Time Warner’s, compensation policies violated various provisions of the California Labor Code. We reverse in part, affirm in part, and remand.

1. Drawing all inferences in favor of the non-moving party, as we must on a motion for summary judgment, see, e.g., Hayes v. Cnty. of San Diego, 736 F.3d 1223, 1228 (9th Cir.2013), the record indicates that the employees each performed as much as six minutes of uncompensated work at the beginning of every shift, accessing their computers and logging into Time Warner’s timekeeping system. The district court held that allegedly uncompensated time de minimis under Lindow v. United States, 738 F.2d 1057, 1062-63 (9th Cir.1984).

A. The employees argue that the de minimis doctrine does not apply to claims of unpaid wages under California’s Labor Code. Not so.

The California Supreme Court has never ruled on the applicability of the de minim-is doctrine to California wage…