Legal Opinion

Buzek v. Pepsi Bottling Group, Inc.

District Court, S.D. Texas

Decided May 11, 2007No. Civil Action H-06-2032PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND RECOMMENDATION

SMITH, United States Magistrate Judge.

This case presents an interesting issue of first impression in this circuit concerning the Employee Commuting Flexibility Act (“ECFA”), a 1996 amendment to the Portalto-Portal Act of 1947. 29 U.S.C. § 254(a). Plaintiff Eric Buzek claims that the Portal-to-Portal Act entitles him to compensation for time spent driving home from his last service call of the day, because transporting tools and making end-of-day reports from home are principal activities of his job. His employer, The Pepsi Bottling Group, responds that ECFA…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Blanchard v. BergeronSupreme Court of the United States · 1989
  5. Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991

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3Cited by7 opinions

  1. Brand v. Comcast Corp. & Comcast Cable Communications Management, LLCDistrict Court, N.D. Illinois · 2015
  2. Colella v. City of New YorkDistrict Court, S.D. New York · 2013
  3. Donatti v. Charter Communications, L.L.C.District Court, W.D. Missouri · 2013
  4. Taylor v. Cox Commc'ns Cal., LLCDistrict Court, C.D. California · 2017
  5. Securities & Exchange Commission v. MappDistrict Court, E.D. Texas · 2017

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