Frank Leone v. Mobil Oil Corporation

TAMM, Circuit Judge:

The Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (hereinafter OSHA), allows a representative authorized by the employees to accompany an inspector during the walkaround inspection of the workplace. This case presents the issue of whether the employee representative is entitled to pay by the employer for the walkaround time under the provisions of OSHA or the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (hereinafter FLSA). The trial court, giving due deference to a ruling by the Secretary of Labor that pay is not required under either act, found…