The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Tuesday, February 22, 2005
Argument: Monday, October 3, 2005
Decision: Tuesday, November 8, 2005
Issues: Unions, Fair Labor Standards Act

Advocates

Thomas C. Goldstein (argued the cause for Respondents in 03-1238 and petitioners in 04-66)
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)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Alvarez, 0 vote(s) against
Legal Provision: Fair Labor Standards
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

Cite this page

The Oyez Project, IBP, Inc. v. Alvarez, 546 U.S. ___ (2005),
available at: <http://www.oyez.org/cases/2000-2009/2005/2005_03_1238/>
(last visited ).