Fair Labor Standards Act (FLSA)

Donning and Doffing Clothing and Protective Gear
De Asencio, et al. v. Tyson Foods, Inc.
No. 06-3502
U. S. Court of Appeals for the Third Circuit
 
Rejecting NCLC's argument that the activities in question are not "work" and thus non compensable, the Third Circuit allowed the donning and doffing claims of chicken processing employees to go forward.  The principal issue on appeal was the district court's jury instruction on the meaning of "work" under the Fair Labor Standards Act (FLSA) and whether time spent by employees working at a poultry processing plant taking off, putting on and washing certain clothing is compensable under the FLSA.  While the Supreme Court has held that pre-donning waiting time is not compensable, and that post-donning and pre-doffing walking time are compensable, it did not consider whether the donning and doffing activities themselves are "work."  

Amicus brief filed 12/21/06.  Oral argument held 7/13/07.  Decision 9/6/07.

 

 

The Eleventh Circuit refused to consider NCLC's amicus brief supporting decertification of a nationwide collective action for alleged misclassification of and failure to pay overtime to 1,400 managers.  The decision below, resulting in the largest jury verdict in Alabama, was unprecedented in its approach both to certification of collective actions and to adjudication on the merits.  In its brief, NCLC argued the district court erroneously relied on representative evidence to certify the class, and then compounded that error at the liability stage.  If left in place, the decision will encourage the proliferation of improper collective actions under the Fair Labor Standards Act, will clog courts' dockets, and subject employers to costly litigation.

Amicus brief filed 8/7/07.  Court order denying amicus brief 8/31/07.

 

 

 

 

Compensable Time on Employee Shuttle Bus
Bonilla, et al. v. Baker Concrete Construction
Case No. 06-12515-A 
U.S. Court of Appeals for the Eleventh Circuit

NCLC filed an amicus brief before the U.S. Court of Appeals for the Eleventh Circuit, encouraging the court to uphold a district court decision in a class action where construction workers demanded overtime pay for time spent riding a shuttle bus from a parking lot, through a security checkpoint, and then to the access-restricted worksite located at Miami International Airport.  NCLC argued the time spent on the shuttle bus and through security processing was not compensable because it was not "integral and indispensable" to Baker Concrete Construction.  NCLC also argued that the security processing is required by the U.S. government for the protection of the public and the air transport system, and benefits national interest, and therefore the time spent traveling to the restricted worksite should not be compensable under the Fair Labor Standards Act.

 

Amicus brief filed 7/21/06.  Order denying Motion for Leave to File Amicus Brief 7/28/06.  Order granting Motion for Reconsideration to File Amicus Brief 9/6/06.  Decision 5/30/07.

 

 

Case No. 06-12515-A

U.S. Court of Appeals for the Eleventh Circuit

 

After initially rejecting NCLC's amicus brief, the Eleventh Circuit granted NCLC's Motion for Reconsideration and allowed NCLC's amicus brief to become part of the record.  In its brief, NCLC encouraged the Eleventh Circuit to uphold a district court decision in a class action where constructions workers allege overtime pay for time spent riding a shuttle bus from a parking lot, through a security checkpoint, and then to the access-restricted worksite located at Miami International Airport.  NCLC argued that the time spent on the shuttle bus and through security processing is not compensable because it is not "integral and indispensable" to Baker Concrete Construction.  The security processing is required by the U.S. government for the protection of the public and the air transport system, and benefits national interest.  Therefore, the time spent traveling to the restricted work site should not be compensable under the Fair Labor Standards Act. 

 

Amicus brief filed 7/21/06.  Order denying Motion for Leave to File Amicus Brief 7/28/06. 

 

View brief      View order

Compensability of Waiting and Walking Time Associated with Safety Equipment
Tum v. Barber Foods, Inc.
No. 04-66
Supreme Court of the United States

 

NCLC urges the Supreme Court to resolve a split in the Circuits and rule that the Fair Labor Standards Act does not require employers to compensate employees for time spent by employees walking to and waiting at stations where they obtain or return safety equipment.

Amicus brief filed 8/1/05. Oral argument to be held 10/3/05. Decision 11/8/05.