Miano v. Schneider

I am persuaded, despite sympathy for the plaintiff, that the decision reached by the majority of the court is not in accordance with applicable law and will serve as an unfortunate precedent.

*901Although the employees may not have been required to report at the yard of the employer before going to their1 daily jobs, such reporting was the usual course of conduct and the employees were paid regularly for their appearance and work in the yard, albeit the compensation was not proportionate to the time so spent. As the trial court found, “ The employees were expected to report at the yard in…