I clock out and then lock up and set the alarm. It is maybe 8 minutes. Does that count?
Yes, it counts and it must be paid. California does not apply the federal rule that lets employers ignore small amounts of time. Eight minutes of closing work after clocking out, happening every shift, is compensable — and the fact that it is easy to record now is part of why.
A near-identical case involved a barista who clocked out on a store computer, then transmitted sales data, set the alarm and locked the door — four to ten minutes a night.
The California Supreme Court declined to import the federal de minimis doctrine for work like this. Small amounts that recur regularly are not too small to count, particularly where the employer could capture them and chose not to.
Over a year, eight minutes a shift is roughly 35 hours. Across a crew it is not a rounding error, and it is usually paid back with interest and penalties attached.
The straightforward fix is to make clocking out the last thing that happens, after the door is locked, rather than the first thing that happens at the end of service.
Last reviewed 2026-08-09. Informational only — not legal advice. California rules change; confirm against the current source before acting.
