Corbin v. Time Warner Entm’t-Advance/Newhouse P’ship, 821 F.3d 1069 (9th Cir. 2016)
Call center employees of Time Warner Entertainment-Advance/Newhouse Partnership (“TWEAN”) alleged that their employer’s compensation policy of rounding all employee time stamps to the nearest quarter hour deprived them of earned overtime. The lead plaintiff also claimed he was not compensated for one minute of time when he mistakenly opened an auxiliary computer program before logging into the employer’s timekeeping software. The United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of the employer on the grounds that TWEAN’s rounding policy comported with federal law and because the policy was neutral on its face; the Court also affirmed summary judgment for TWEAN on the “logging-in” claim on the ground that one minute of uncompensated time is de minimis and thus not compensable. See also Vaquero v. Ashley Furniture Indus., Inc., 2016 WL 3190862 (9th Cir. 2016) (district court properly certified class action for commission-compensated employees despite employer’s assertion of no commonality and no predominance of class claims).