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United States First Circuit


TUM v. BARBER FOODS, INC., 02-1679, 02-1739

In an action brought under the Fair Labor Standards Act of 1938, 29 U.S.C. section 216(b), the district court correctly ruled that the donning and doffing of required clothing and equipment is an integral part of plaintiffs' work, and is not excluded from compensation under the Portal-to-Portal Act as preliminary or postliminary activity.

Appellate Information

  • Decided 06/03/2003
  • Published 06/03/2003

Judges

  • TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Lori B. Kisch, with whom Timothy B. Fleming, Charles R. Dixon, Gordon, Silberman, Wiggins & Childs, P.C., and William C. Nugent were on brief, for appellants.

  • For Appellees:
  • Graydon G. Stevens, with whom Kelly, Remmel & Zimmerman, were on brief, for appellee.
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