David v. Queen of the Valley Medical Center

A nurse’s declaration that her charge nurses would look at the clock while she was on her breaks does not support a reasonable inference that she was pressured to end her breaks early; this assertion also does not create a triable issue of fact regarding interrupted or insufficient breaks when the nurse testified that no supervisor ever told her to end her break early, discouraged her from taking a break, or told her to work while she was taking a break. An employer’s rounding policy was lawful where the worker sometimes gained minutes and compensation under the policy, and sometimes lost minutes and compensation; a worker’s bare assertion she was entitled to additional house of wages does not create a triable issue of fact. The de minimis doctrine does not apply to wage and hour claims brought under California law.

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