Data Analysis And The FLSA De Minimis Doctrine: Data And Technology Considerations For FLSA Litigation

On July 10, 2024, the U.S. Ninth Circuit Court of Appeals upheld the Fair Labor Standards Act (FLSA) de minimis doctrine for overtime while preserving the triable issue of fact in Cadena v. Customer Connexx LLC. The FLSA de minimis doctrine for overtime—the principle that relieves employers from being required to pay for irregular, small, or difficult to capture work time—has been challenged numerous times. In the Ninth Circuit Court of Appeals' decision, the doctrine survives, but the court held that a triable issue of fact to determine whether the time in question is truly de minimis.

A broader scope of data and strategies is needed to navigate these complex FLSA cases, emphasizing the importance of comprehensive data analysis beyond traditional timekeeping systems. The expanded data points may help establish whether time not captured in the timekeeping system is irregular, small, or difficult to capture.