Legal Opinion

Allen v. McWane, Inc.

Court of Appeals for the Fifth Circuit

Decided January 8, 2010No. 08-41037PublishedCited by 21 opinions

1Opinion of the Court

CARL E. STEWART, Circuit Judge:

This collective action under the Fair Labor Standards Act (“FLSA”), on behalf of hourly employees of McWane, Inc. (“McWane”), sought payment for pre- and post-shift time spent donning and doffing protective gear. The district court granted summary judgment on the basis that at each plant there existed a custom or practice of not compensating pre- or post-shift time spent putting on and taking off protective gear. We AFFIRM.

I. FACTUAL AND PROCEDURAL BACKGROUND

McWane operates plants that manufacture cast iron pipe and fittings. The hourly employees at McWane’s…

2Cases cited18 opinions

  1. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  2. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  3. Livadas v. BradshawSupreme Court of the United States · 1994
  4. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  5. IBP, Inc. v. AlvarezSupreme Court of the United States · 2005

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3Cited by21 opinions

  1. Franklin v. Kellogg Co.Court of Appeals for the Sixth Circuit · 2010
  2. Songer v. Dillon Resources, Inc.Court of Appeals for the Fifth Circuit · 2010
  3. Salazar v. BUTTERBALL, LLCCourt of Appeals for the Tenth Circuit · 2011
  4. Sandifer v. United States Steel Corp.Court of Appeals for the Seventh Circuit · 2012
  5. Musticchi v. City of Little Rock, Ark.District Court, E.D. Arkansas · 2010

16 more not listed; retrieve them via the Exa API.

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