Bridges v. Empire Scaffold, LLC, No. 16-41493 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit affirmed the district court's grant of summary judgment for Empire in a suit filed under the Fair Labor Standards Act (FLSA), 29 U.S.C. 206(a), 207(a). Plaintiffs alleged that Empire failed to compensate them for pre-shift wait time under the FLSA. The court held that the Portal-to-Portal Act, 29 U.S.C. 254(a), excludes the pre-shift wait time of plaintiffs from being compensable under the FLSA. In this case, the integral and indispensable test was the relevant test for determining the compensability of plaintiffs' pre-shift wait time. Because this preliminary wait time was not intrinsic to their principal activities, it was not compensable under the Portal-to-Portal Act.
The court issued a subsequent related opinion or order on December 1, 2017.
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