IBP, INC. – Appellant
Versus
ALVAREZ, individually and on behalf of all others similarly situated, et al. , (2005) – Respondent
After this Court ruled that the term "workweek" in the Fair Labor Standards Act of 1938 (FLSA) included the time employees spent walking from time clocks near a factory entrance to their workstations, Anderson v. Mt. Clemens Pottery Co.,
In No. 03-1238, respondent employees filed a class action seeking compensation for time spent donning and doffing required protective gear and walking from the locker rooms to the production floor of a meat processing facility owned by petitioner IBP, Inc. (IBP), and back. The District Court found the activities compensable, and the Ninth Circuit affirmed. In No. 04-66, petitioner employees sought compensation for time spent donning and doffing required protective gear at a poultry processing plant operated by respondent Barber Foods, Inc. (Barber), as well as the attendant walking and waiting times. Barber prevailed on the walking and waiting claims. On appeal, the First Circuit found those times preliminary and postliminary activities excluded from FLSA coverage by §§4(a)(1) and (2) of the Portal-to-Portal Act.
Held:
1. The time respondents in No. 03-1238 spend walking between changing and production areas is compensable under the FLSA. Pp. 7-15.
(a) Section 4(a)(1)s text does not exclude such time from the FLSAs scope. IBP claims that, because donning is not the "principal activity" that starts the workday, walking occurring immediately after donning and immediately before doffing is not compensable. That argument, which in effect asks for a third category of activities--those that are "integral and indispensable" to a "principal activity" and thus not excluded from coverage by §4(a)(2), but are not themselves "principal activities" as defined by §4(a)(1)--is foreclosed by Steiner, which made clear that §4 does not remove activities that are "integral and indispensable" to "principal activities" from FLSA coverage precisely because such activities are themselves "principal activities."
(b) Also unpersuasive is IBPs argument that Congress repudiation of the Anderson holding reflects a purpose to exclude the walking time at issue. That time, wh
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