In this individual and class action as well as PAGA suit, the summary judgment in the employer’s favor is affirmed as to the class and PAGA claims and reversed as to the plaintiff’s individual claims. The case challenged the employer’s policies of rounding work clock times to the nearest tenth of an hour and allowing employees to clock in up to 10 minutes before and up to 10 minutes after their scheduled work times (but without credit for the added time). An earlier writ decision confirmed the lawfulness of the rounding policy. See See’s Candy Stores, Inc. v. Superior Court (2012) 210 Cal.App.4th 889. The so-called grace period was also lawful since the employer presented unrebutted evidence that employees did not work in the periods between scheduled work time and check in or out. The employer had not moved for summary judgment on the plaintiff’s individual claims and was not entitled to judgment on them since there was evidence creating triable issues.
Employer did not violate California’s minimum wage laws by its policies of rounding employees’ work clock times to the nearest tenth of an hour or by allowing employees up to ten minutes uncompensated time before and after shifts in which to clock in or out.