United States Seventh Circuit

In a suit alleging that defendant violated the Fair Labor Standards Act by the way it implemented its on-call program and also by forcing plaintiffs to work during their lunch break without pay, summary judgment for defendant is affirmed where: 1) the on-call requirements did not restrict the plaintiff' activities such that the wait time for on-call assignments constituted work time; and 2) the lunch issue was better suited for determination by an arbitrator.

Appellate Information

• Argued 02/29/2008
• Decided 04/03/2008
• Published 04/03/2008

Judges

• POSNER, Circuit Judge., Before POSNER, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Christopher N. Mammel, Childress Duffy Goldblatt, William J. Sneckenberg, Sneckenberg & Associates, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Brian M. Montgomery (argued), Exelon Business Services Company, Chicago, IL, for Defendant-Appellee.