David Kavanagh v. Grand Union Company, Inc.

Judge KORMAN dissents in a separate opinion.

JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-appellant David Kavanagh has sued defendant-appellee Grand Union Company, Inc., under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq., seeking hourly overtime wages for the sometimes large amount of time he spent driving between his home and the Grand Union stores at which he performed mechanical services. Between 1994 and 1996, Kavanagh was periodically employed by Grand Union as a refrigerator and utility mechanic. He did not have a fixed work location, but instead was required to travel…