De Minimis

De Minimis

De Minimis

The maxim holds that the law does not concern itself with trifles. It appears in contract thresholds, technical violations, tax rules, and indemnification provisions excluding small claims.

Contractual de minimis thresholds are enforced as drafted.

Alternative Names:

De Minimis Non Curat Lex|Trifling

Why it Matters?

Contractual de minimis provisions in indemnification packages exclude individually small claims from counting toward the basket, which compounds the threshold's filtering effect and can eliminate a substantial volume of minor breaches. In wage and hour law the doctrine has been narrowed substantially, with courts and the Supreme Court in Sandifer limiting the availability of a de minimis defense for compensable time.

Frequently asked questions

What does a de minimis provision accomplish?

What does a de minimis provision accomplish?

It excludes individually small claims from counting toward an indemnification basket, compounding the threshold's effect.

Has the wage and hour doctrine narrowed?

Has the wage and hour doctrine narrowed?

Yes. Courts have substantially limited the de minimis defense for compensable working time.