The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

The index

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Filtered by: 2020s ×Common law (Tameny) ×Lab. Code § 204 ×Clear all

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1 case

Time Rounding in California: From See’s Candy to Camp — Where the Question Stands While Review Is Pending

July 24, 2023
Ask what California law says about rounding employees' time punches and the honest answer is that nobody knows. One Court of Appeal decision approved the practice in 2012, borrowing its standard from a federal regulation; it has never been overruled and still binds trial courts. But the Supreme Court has twice declined to adopt it, saying in Donohue that it "has never decided the validity of the rounding standard articulated in See's Candy I" — and then deciding that case on an assumption rather than an endorsement. Two Courts of Appeal have since rejected rounding where the employer captured exact minutes and underpaid anyway, and the Supreme Court granted review in both. The result is a genuine vacuum: the binding authority is the weakest, the strongest reasoning cannot bind, and the question sits with the Supreme Court in S277518. This piece sets out precisely what has been decided, what has not, and what to do in the meantime.
For practitioners

Practice guides

Each guide gathers and summarizes the controlling cases and authorities on a single question — a research starting point you can cite from.

Practice guideRetaliation under Lab. Code § 1102.5A practitioner’s synthesis of the controlling cases and authorities.Practice guideFEHA discrimination & the McDonnell Douglas testA practitioner’s synthesis of the controlling cases and authorities.Practice guideTermination in violation of public policyA practitioner’s synthesis of the controlling cases and authorities.Practice guideCompelling arbitration of FEHA claimsA practitioner’s synthesis of the controlling cases and authorities.Practice guideDisability discrimination & reasonable accommodationA practitioner’s synthesis of the controlling cases and authorities.Practice guideSexual harassment under FEHAA practitioner’s synthesis of the controlling cases and authorities.Practice guideOff-the-clock work & compensable hours workedA practitioner’s synthesis of the controlling cases and authorities.Practice guideMeal & rest breaks & premium payA practitioner’s synthesis of the controlling cases and authorities.Practice guideWage & hour class actions & PAGAA practitioner’s synthesis of the controlling cases and authorities.Practice guideIndependent-contractor misclassification & the ABC testA practitioner’s synthesis of the controlling cases and authorities.