Joining similar decisions applying the Supreme Court’s interpretation of the Portal-to-Portal Act in Integrity Staffing Solutions, Inc. v. Busk, Senior District Judge Terrence F. McVerry of the Western District of Pennsylvania recently held that time spent attending allegedly mandatory pre-shift safety meetings was not compensable under the FLSA because those safety meetings were neither
portal to portal act
Applying Integrity Staffing, Ninth Circuit Holds that Firefighters’ Time Moving Gear to and from Temporary Assignments is Not Compensable Under the FLSA
By Noel P. Tripp on
Posted in Hours of Work
Applying the Supreme Court’s unanimous decision in Integrity Staffing Solutions, Inc. v. Busk, the United States Court of Appeals for the Ninth Circuit recently ruled that firefighters are not entitled to compensation under the FLSA for time spent moving certain necessary gear to and from temporary work assignments at fire stations other than their…
Seventh Circuit Rules Changing Time Before and After Meals Non-Compensable
By Noel P. Tripp on
Posted in Uncategorized
In the latest in a series of appellate decisions addressing “donning and doffing” issues, the Court of Appeals for the Seventh Circuit ruled that time spent changing at the start and end of a non-compensable meal break is not compensable time under the FLSA. Mitchell v. JCG Indus., 2014 U.S. App. LEXIS 5099 (7th…
District Court Rejects FDNY Employees’ Bid To Be Paid For Commuting Time
By Noel P. Tripp on
Posted in Hours of Work
The City of New York’s compensation practices received an endorsement last week from Southern District of New York Judge Loretta A. Preska, who ruled that employees of the FDNY’s Building Maintenance Division (“BMD”) could not recover under the FLSA for time spent commuting or time spent inspecting their vehicles. Colella v. City of New York…
Employer Prevails Before Seventh Circuit on Donning, Doffing Claims
By Noel P. Tripp on
Posted in Hours of Work
In another setback for unionized non-exempt FLSA plaintiffs claiming as compensable time spent: 1) changing into work-related gear; and 2) traveling to their site of work from the changing point (typically in a production facility such as a factory or slaughterhouse), the Court of Appeals for the Seventh Circuit has ruled that U.S. Steel was…