ibp
alvarez
individually
behalf
others
similarly
situated
et
argued
october
decided
november
ruled
term
workweek
fair
labor
standards
act
flsa
included
time
employees
spent
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time
clocks
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entrance
workstations
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mt
clemens
pottery
congress
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work
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employees
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class
action
seeking
compensation
time
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protective
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locker
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floor
meat
processing
facility
owned
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ibp
ibp
back
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found
activities
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ninth
circuit
affirmed
petitioner
employees
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doffing
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processing
plant
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barber
foods
barber
well
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times
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pp
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unanimous
ibp
petitioner
gabriel
alvarez
individually
behalf
others
similarly
situated
et
al
writ
certiorari
appeals
ninth
circuit
abdela
tum
et
petitioners
barber
foods
dba
barber
foods
writ
certiorari
appeals
first
circuit
november
justice
stevens
delivered
opinion
consolidated
cases
raise
questions
concerning
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pay
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webster
dictionary
described
work
employment
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two
years
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clemens
pottery
defined
statutory
workweek
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time
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employer
premises
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party
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years
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confronted
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whether
workers
battery
plant
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petitioner
ibp
ibp
large
producer
fresh
beef
pork
related
products
plant
pasco
washington
employs
approximately
workers
job
classifications
slaughter
division
line
workers
job
classifications
processing
division
production
workers
divisions
must
wear
outer
garments
hardhats
hairnets
earplugs
gloves
sleeves
aprons
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boots
many
particularly
use
knives
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also
wear
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arms
torsos
legs
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chain
link
metal
aprons
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armguards
special
gloves
ibp
requires
employees
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equipment
tools
company
locker
rooms
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production
workers
pay
based
time
spent
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bagging
meat
pay
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ends
last
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meat
since
however
ibp
also
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four
minutes
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respondents
ibp
employees
filed
class
action
recover
compensation
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work
including
time
spent
donning
doffing
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gear
walking
locker
rooms
production
floor
assigned
shifts
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bench
trial
district
eastern
district
washington
held
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room
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floor
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recovery
ordinary
clothes
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doffing
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hat
ear
plugs
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glasses
boots
hairnet
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pet
cert
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apply
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findings
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example
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found
view
covered
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knife
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clemens
pottery
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barber
foods
barber
operates
poultry
processing
plant
portland
maine
employs
production
workers
employees
operate
six
production
lines
perform
variety
tasks
require
different
combinations
protective
clothing
paid
hour
time
punch
computerized
time
clocks
located
entrances
production
floor
petitioners
barber
employees
former
employees
brought
action
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extensive
discovery
magistrate
judge
issued
comprehensive
opinion
analyzing
facts
detail
recommending
entry
partial
summary
judgment
favor
barber
opinion
later
adopted
district
maine
included
two
critical
rulings
first
magistrate
held
donning
doffing
clothing
equipment
required
defendant
government
regulation
opposed
clothing
equipment
employees
choose
wear
use
option
integral
part
plaintiffs
work
therefore
excluded
compensation
act
preliminary
postliminary
activities
app
pet
cert
pp
second
magistrate
rejected
petitioners
claims
compensation
time
spent
obtaining
clothing
equipment
time
magistrate
view
reasonably
construed
integral
part
employees
work
activities
walking
cage
hairnets
earplugs
dispensed
ibid
accordingly
barber
entitled
summary
judgment
claims
based
time
spent
walking
plant
entrances
employee
workstation
locker
time
clock
site
clothing
equipment
required
worn
job
obtained
claims
based
time
spent
waiting
punch
clothing
equipment
magistrate
judge
opinion
specifically
address
question
whether
walking
time
production
line
place
donning
doffing
encompassed
act
thus
excluded
coverage
flsa
whatever
intended
scope
magistrate
grant
partial
summary
judgment
questions
submitted
jury
trial
asked
jurors
consider
whether
barber
required
compensate
petitioners
time
spent
actually
donning
doffing
various
gear
case
submitted
jury
parties
stipulated
four
categories
workers
rotating
meatroom
shipping
receiving
associates
required
protective
gear
beginning
shifts
required
doff
gear
end
shifts
jury
made
factual
findings
regard
amount
time
reasonably
required
category
employees
doff
items
jury
concluded
time
de
minimis
therefore
compensable
jury
concluded
two
categories
employees
maintenance
sanitation
associates
required
protective
gear
starting
accordingly
jury
ruled
barber
counts
appeal
petitioners
argued
among
things
district
improperly
excluded
noncompensable
time
employees
spend
walking
production
floor
donning
required
safety
gear
time
spend
walking
production
floor
area
doff
gear
appeals
rejected
petitioners
argument
concluding
walking
time
species
preliminary
postliminary
activity
excluded
flsa
coverage
act
explained
discussion
ibp
submission
see
part
ii
supra
categorical
conclusion
incorrect
petitioners
also
argued
appeals
waiting
time
associated
donning
doffing
clothes
compensable
appeals
disagreed
holding
waiting
time
qualified
preliminary
postliminary
activity
thus
excluded
flsa
coverage
act
analysis
part
ii
supra
demonstrates
appeals
incorrect
regard
predoffing
waiting
time
doffing
gear
integral
indispensable
employees
work
principal
activity
statute
continuous
workday
rule
mandates
time
spent
waiting
doff
affected
act
instead
covered
flsa
time
spent
waiting
time
elapses
principal
activity
donning
integral
indispensable
gear
presents
quite
different
question
whether
effect
advancing
time
workday
begins
barber
argues
predonning
waiting
time
explicitly
covered
act
noted
excludes
activities
preliminary
postliminary
principal
activity
activities
scope
flsa
contrast
petitioners
supported
amicus
curiae
maintain
predonning
waiting
time
integral
indispensable
principal
activity
donning
therefore
principal
activity
however
unlike
donning
certain
types
protective
gear
always
essential
worker
job
waiting
may
may
necessary
particular
situations
every
employee
certainly
integral
indispensable
sense
donning
however
always
comfortably
qualify
preliminary
activity
thus
agree
petitioners
predonning
waiting
time
issue
case
principal
activity
barber
points
fact
certain
preshift
activities
necessary
employees
engage
principal
activities
mean
preshift
activities
integral
indispensable
principal
activity
steiner
example
walking
time
clock
near
factory
gate
workstation
certainly
necessary
employees
begin
work
indisputable
act
evinces
congress
intent
repudiate
anderson
holding
walking
time
compensable
flsa
discern
limiting
principle
allow
us
conclude
waiting
time
dispute
principal
activity
without
also
leading
logical
untenable
conclusion
walking
time
issue
anderson
principal
activity
thus
unaffected
act
government
also
relies
regulation
promulgated
secretary
labor
supporting
petitioners
view
regulation
cfr
employee
required
employer
report
particular
hour
workbench
place
performs
principal
activity
employee
hour
ready
willing
work
reason
beyond
control
work
perform
time
elapsed
waiting
work
integral
part
employee
principal
activities
regulation
applicable
barber
required
workers
report
changing
area
specific
time
find
protective
gear
available
time
elapsed
evidence
record
case
pertinent
believe
portion
characterizes
time
employees
must
spend
waiting
check
waiting
receive
paychecks
generally
preliminary
activity
covered
act
see
regulation
fully
consistent
statutory
provisions
allow
compensability
collateral
activities
depend
either
agreement
parties
custom
practice
particular
industry
short
persuaded
waiting
case
two
steps
removed
productive
activity
assembly
line
integral
indispensable
principal
activity
identifies
time
continuous
workday
begins
accordingly
hold
excludes
scope
flsa
time
employees
spend
waiting
first
piece
gear
marks
beginning
continuous
workday
iv
reasons
stated
affirm
judgment
appeals
ninth
circuit
affirm
part
reverse
part
judgment
appeals
first
circuit
remand
case
proceedings
consistent
opinion
ordered
footnotes
together
tum
et
al
barber
foods
dba
barber
foods
certiorari
appeals
first
circuit
footnotes
pertinent
definition
provides
includes
suffer
permit
work
stat
part
ii
act
entitled
existing
claims
relevant
part
sec
relief
certain
existing
claims
fair
labor
standards
act
employer
shall
subject
liability
punishment
fair
labor
standards
act
action
proceeding
commenced
prior
date
enactment
act
account
failure
employer
pay
employee
minimum
wages
pay
employee
overtime
compensation
account
activity
employee
engaged
prior
date
enactment
act
except
activity
compensable
either
express
provision
written
nonwritten
contract
effect
time
activity
employee
agent
representative
employer
custom
practice
effect
time
activity
establishment
place
employee
employed
covering
activity
inconsistent
written
nonwritten
contract
effect
time
activity
employee
agent
representative
employer
stat
codified
regulation
provides
full
section
portal
act
affect
computation
hours
worked
within
proper
roughly
described
period
whistle
whistle
provisions
nothing
compensability
fair
labor
standards
act
activities
engaged
employee
period
provisions
section
one
conditions
must
present
activities
excluded
hours
worked
either
prior
time
particular
workday
employee
commences
subsequent
time
particular
workday
ceases
principal
activity
activities
employed
perform
accordingly
extent
activities
engaged
employee
occur
employee
commences
perform
first
principal
activity
particular
workday
ceases
performance
last
principal
activity
particular
workday
provisions
section
application
periods
time
commencement
employee
first
principal
activity
completion
last
principal
activity
workday
must
included
computation
hours
worked
extent
required
portal
act
enacted
principles
determining
hours
worked
within
proper
continue
established
fair
labor
standards
act
without
reference
portal
act
concerned
question
relates
time
spent
outside
activities
kind
described
section
footnotes
omitted
ibp
contend
time
fully
compensated
respondents
preproduction
postproduction
time
issue
case
district
explained
walking
time
compensable
occurs
start
workday
walking
time
excluded
portal
portal
act
occurs
prior
time
particular
work
day
employee
commences
subsequent
time
particular
work
day
ceases
principal
activity
activities
id
work
day
begins
commencement
employer
principal
activity
activities
ends
completion
employee
activity
app
pet
cert
pp
fact
noted
steiner
specifically
endorsed
view
appeals
definition
principal
activity
activities
encompassed
activities
principal
activities
make
distinction
claims
brought
workers
longer
part
case
explained
analysis
different
barber
required
employees
arrive
particular
time
order
begin
waiting