United States Ninth Circuit

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Balestrieri v. Menlo Park Fire Protection Dist., 12-15975

In an action brought by firefighters and emergency medical personnel under the Fair Labor Standards Act (FLSA), the district court's grant of summary judgment to defendants is affirmed where: 1) applying Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), plaintiffs were not entitled to overtime for taking their gear to temporary duty stations because this activity was not integral and indispensable to the principal activities the plaintiffs were employed to perform and there was "preliminary" or "postpreliminary" under the FLSA as amended by the Portal-to-Portal Act; and 2) defendant did not violated the FLSA by excluding money paid for leave buybacks from the plaintiffs' "regular rate" of pay, which was used to calculate overtime.

Appellate Information

  • Decided 09/04/2015
  • Published 09/04/2015




  • United States Ninth Circuit