U.S. Court of Appeals for the Eleventh Circuit

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Case Updates

Eleventh Circuit decides compensable time on employee shuttle bus

May 30, 2007

The Eleventh Circuit agreed with NCLC and denied compensation to the construction workers.

U.S. Chamber files motion for leave to file amicus brief

July 21, 2006

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 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 issued 7/28/06. Order granting motion for reconsideration to file amicus brief issued 9/6/06. Decided 5/30/07.

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