United States Second Circuit

In suit by employees seeking payment of wages for activities incident to the start and end of the work day, dismissal of claims asserted under the Fair Labor Standards Act and New York Labor Law is affirmed over arguments that: 1) security-related procedures at ingress to the plant, for suiting up, for some intervening steps, and for the same in reverse are compensable under the FLSA; and 2) that defendant improperly calculated plaintiffs' hourly overtime rate.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• DENNIS JACOBS, Chief Judge., Before:  JACOBS, Chief Judge, CALABRESI, Circuit Judge, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joseph P. Carey, Joseph P. Carey, P.C., Fishkill, N.Y. (Annette G. Hasapidis, Law Offices of Annette G. Hasapidis, South Salem, NY, on the brief), for Plaintiffs-Appellants.


• For Appellees:
  
• David J. Reilly (Mary K. Schuette, Eva L. Martinez, Barbara Jane Carey, on the brief), Consolidated Edison Company of New York, Inc., Law Department, New York, NY, for Defendant-Appellee The Consolidated Edison Corporation., Jonathan M. Kozak (Joseph M. Martin, on the brief), Jackson Lewis LLP, White Plains, NY, for Defendant-Appellee Entergy Nuclear Operations, Inc.