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Thursday, February 21, 2013

See’s Candy Shops, Inc. v. Superior Court (Silva): Supreme Court Denies Review and Depublication of Time Rounding Case

In See’s Candy Shops, Inc. v. Superior Court (Silva) (10/29/12) 210 Cal.App.4th 889 (2012) (discussed here), the trial court order granted summary adjudication to a plaintiff in a certified class action, holding that the employer's policy of rounding its employees' time entries to the nearest tenth of an hour violated California and federal law. 

The Court of Appeal reversed, holding that a nearest-tenth rounding policy is lawful if it is fair and neutral on its face and "it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked," and that either the plaintiff failed to show that she was entitled to judgment as a matter of law, or the employer raised a triable issue of fact. 

On February 13, 2013, the California Supreme Court denied petitions for review and depublication filed by the plaintiff. 

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