Balestrieri v. Menlo Park Fire Prot. Dist.

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Plaintiffs, firefighters and emergency medical personnel of the District, filed suit under the Fair Labor Standards Act (FLSA), 29 U.S.C. 254(a), claiming that two of the District's policies violate the FLSA and claiming entitlement to overtime for taking their gear to temporary duty stations. Further, plaintiffs claimed that the District's system for paying cash in lieu of unused leave time violates the FLSA. The district court granted summary judgment to the District. Under Busk v. Integrity Staffing Solutions, Inc., it is not enough to make activity compensable under the FLSA that the employer requires it and it is done for the benefit of the employer. Even activities required by the employer and for the employer’s benefit are “preliminary” or “postliminary” if not integral and indispensable to “the productive work that the employee is employed to perform.” In this case, the court concluded that driving to the home station first is not indispensable to the firefighter's principal activities. Further, gathering and transporting turnout gear to a visiting station is a preliminary activity because it is not intrinsic to the firefighting activity that he is employed to perform. The court rejected the firefighters’ contention that leave buyback should be included in the calculation of the regular rate. The court concluded that plaintiffs cannot prevail under either conflicting standard among the court's sister circuits. Accordingly, the court affirmed the judgment. View "Balestrieri v. Menlo Park Fire Prot. Dist." on Justia Law