IBP, Inc. v. Alvarez

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Oral Argument
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Advocates
Carter G. Phillips (argued the cause for Petitioner in 03-1238 and respondent in 04-66)
Irving L. Gornstein (argued the cause for Respondents in 03-1238 and petitioners in 04-66)
Thomas C. Goldstein (argued the cause for Respondents in 03-1238 and petitioners in 04-66)
Case Basics
Docket No.: 
03-1238
Petitioner: 
Abdela Tum, et al.
Respondent: 
Gabriel Alvarez, Individually and on Behalf of All Others Similarly Situated, et al.
Consolidation: 
Tum v. Barber Foods, No. 04-66
Opinion: 
546 U.S. ___ (2005)

Cite this page
The Oyez Project, IBP, Inc. v. Alvarez , 546 U.S. ___ (2005)
available at: (http://oyez.org/cases/2000-2009/2005/2005_03_1238)
Facts of the Case: 

In two separate cases, employees sued Barber Foods and IBP in federal district court. The employees alleged the companies violated the Fair Labor Standards Act by not paying them for time spent walking to the worksite after putting on required equipment. The district court and later the First Circuit ruled against the Barber employees. A separate district court ruled IBP must compensate its employees for the disputed time. The Ninth Circuit agreed. The U.S. Supreme Court consolidated the cases.

Question: 

Did the Fair Labor Standards Act require employers to pay employees for time spent walking to and from stations that distributed required safety equipment?

Conclusion: 

Yes. Justice John Paul Stevens, for a unanimous Court, wrote that putting on required safety equipment qualified as a "principal activity" under the FLSA. The workday began when employees started that activity and therefore included the subsequent time spent walking to the worksite. The time spent waiting to put on safety equipment before that, however, was not included in the workday because it was a "preliminary" activity under the Portal-to-Portal Act.

Decisions

Decision: 9 votes for Alvarez, 0 vote(s) against
Legal provision: Fair Labor Standards

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Voted with the majority
Roberts
Wrote the majority opinion
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Voted with the majority
Souter
Voted with the majority
Thomas
Voted with the majority
Ginsburg
Voted with the majority
Breyer

Full Opinion by Justice John Paul Stevens