Jackson v. Old EPT, LLC, No. 15-1078 (8th Cir. 2016)
Annotate this CasePlaintiffs, hourly production employees, filed suit against their employer, EaglePicher, under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219, and the Missouri Minimum Wage Law, Mo. Rev. Stat. 290.500-290.530. Plaintiffs seek payment for time spent on various tasks, including the donning and doffing of work clothing and protective gear, walking to and from production lines, and waiting in line to clock in and out for work. The district court granted summary judgment for EaglePicher. The court concluded that, the interim labor agreement here was an implied-in-fact contract between the employer and the union regulating employment conditions, wages, benefits, and grievances. It was made in good faith, without fraud or deceit. As such, it met the ordinary definitions of “bona fide” and “collective bargaining agreement.” The court also concluded that there is no genuine dispute that donning and doffing time was excluded from measured working time by “custom or practice” under the implied-in-fact agreement. Therefore, the court concluded that the district court correctly ruled that section 203(o) excluded that donning and doffing time from “hours worked” for which compensation was due, and the court affirmed the judgment.
Court Description: Colloton, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Fair Labor Standards Act. The company's implementation of its last, best and final offer was an offer to form an interim labor agreement and the union so understood it and accepted it by continuing to work without striking; because an interim labor agreement was in effect which contained the last agreement's customs and practice regarding "donning and doffing" time, the time the employees spent donning and doffing was excluded from measured work time, and the district court properly denied their FLSA claim
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