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United States First Circuit


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

District court correctly concluded that the donning and doffing of non-required gear is not compensable under the Fair Labor Standards Act, and that neither walking time, nor a short amount of time spent waiting in line for gear, is compensable under the Portal-to-Portal Act.

Appellate Information

  • Decided 03/10/2004
  • Published 03/10/2004

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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