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| Cyrus Batchan, California Business Consultant |
District Court found that over a 17-month period, Troester
worked an additional 12 hours and 50 minutes, little over a $100 worth at a
minimum wage of $8 per hour. Thus, the district court ruled that de minimis doctrine applied and granted
summary judgment in favor of Starbucks.
On appeal, the Ninth Circuit certified the question to the California
Supreme Court, whether federal FLSA de
minimis doctrine was recognized under California law and whether California
wage law had its own de minimis
doctrine.
California Supreme Court first concluded that neither California
statute nor Industrial Wage Commission wage orders adopted federal de minimis doctrine for California wage
claims. As to whether California law
recognizes its own form of de minimis
exception to wage laws, the Court noted that “application of a de minimis rule
is inappropriate when ‘the law under which this action is prosecuted does care
for small things.’” The Court went on to
explain that “the regulatory scheme of which the relevant statutes and wage
order provisions are a part is indeed concerned with ‘small things.’” Therefore, the de minimis rule did not apply to unpaid wage claims in California.
The case is Troester v. Starbucks Co., S234969.
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Cyrus Leon Batchan is a business consultant in Sherman Oaks, California. He has
significant “hands on” experience with hospitality businesses. Currently, he is
involved in the hospitality businesses Lock & Key, Nightshade, Skylight Nha
Trang, and East-West Brewery (as Advisor). Mr. Batchan grew up in a restaurant
family and worked every job from dishwasher, cook, delivery driver to
bartender. Initially, he managed an investment fund developing real estates all
throughout the greater Los Angeles Area. In 2013, he opened Lock & Key, an
upscale lounge, in Los Angeles. Most recently, he has been involved in
Nightshade, the first restaurant for Top Chef winner Mei Lin along with partner
Francis Miranda of N°8. The expansive space, which goes into the former
Cerveteca, will feature a pan-Asian menu infused with modern touches and
California sensibilities, with Lin herself calling the experience “fine food in
a casual setting.” Think fine dining touches and plating with flavor influences
from Italy, Japan, and China.
Cyrus Leon Batchan is a business consultant in Sherman Oaks, California, focusing on restaurant and bar businesses. He has significant “hands on” experience with businesses. Cyrus Batchan received a Juris Doctor Degree from the University of San Diego, California. Website: https://cyrusbatchan.us
