Legal Opinion

Alvarez v. IBP, Inc.

Court of Appeals for the Ninth Circuit

Decided August 5, 2003No. Nos. 02-35042, 02-35110PublishedCited by 205 opinions

1Opinion of the Court

THOMAS, Circuit Judge.

Perhaps the packing plant employees in Pasco, Washington, should have heeded Henry David Thoreau’s warning to “beware of all enterprises that require new clothes.” The central dispute in this class action lawsuit is whether IBP, Inc. (“IBP”) should be required to compensate its employees for the time it takes to change into required specialized protective clothing and safety gear. Under the circumstances presented by this case, we conclude that it must. We affirm in part and reverse in part.

I

From the time that publication of Upton Sinclair’s novel The Jungle provoked Pres*898…

2Cases cited58 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Auer v. RobbinsSupreme Court of the United States · 1997
  3. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  4. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  5. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985

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3Cited by205 opinions

  1. Allen v. Board of Public Educ. for Bibb CountyCourt of Appeals for the Eleventh Circuit · 2007
  2. De Asencio v. Tyson Foods, Inc.Court of Appeals for the Third Circuit · 2003
  3. Lessie Anderson v. Cagle's, Inc.Court of Appeals for the Eleventh Circuit · 2007
  4. Elaine L. Chao, Secretary of Labor v. A-One Medical Services, Inc. Alternative Rehabilitation Home Healthcare, Inc. Lorraine Black and Hanahn KormanCourt of Appeals for the Ninth Circuit · 2003
  5. Michael Ballaris v. Wacker Siltronic Corporation, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 2004

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