Opinion
No. 17-17070
06-28-2019
ERIC CHAVEZ, an individual and on behalf of all others similarly situated, Plaintiff - Appellant, v. CONVERSE, INC., a Delaware corporation Defendant - Appellee, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 5:15-cv-03746-NC MEMORANDUM Appeal from the United States District Court for the Northern District of California
Nathanael M. Cousins, Magistrate Judge, Presiding Argued and Submitted June 14, 2019 Pasadena, California Before: SCHROEDER and M. SMITH, Circuit Judges, and RAKOFF, District Judge.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation.
Converse requires its retail employees to undergo "off the clock" exit inspections every time they leave the store. Seeking compensation for these exit inspections, plaintiff Eric Chavez brought the instant class action on behalf of himself and similarly situated Converse employees. The District Court granted summary judgment for Converse, holding the Chavez's claims were barred by the federal de minimis doctrine, which precludes recovery for otherwise compensable amounts of time that are small, irregular, or administratively difficult to record. The California Supreme Court subsequently held in Troester v. Starbucks Corp., 421 P.3d 1114 (Cal. 2018), that the federal de minimis doctrine does not apply to wage and hour claims brought under California law.
We assume familiarity with the facts and procedural history of this case. --------
For substantially the reasons given in the related case, Rodriguez v. Nike Retail Services, Inc., No. 17-16866, we hold that the District Court erred in granting summary judgment based on the federal de minimis doctrine. We likewise hold that on the current record there are no alternative grounds for affirmance. Accordingly, we reverse and remand for further proceedings consistent with Troester.
Each party shall bear its own costs on appeal.
REVERSED AND REMANDED.