Mountaire Farms, Inc. v. Perez

Petition for certiorari denied on February 27, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-497 4th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Whether donning and doffing generic safety and sanitary gear is “preliminary or postliminary activity” excluded from compensable time under the Portal Act or is instead “integral and indispensable” to an employee’s work and thus compensable or, alternatively, either compensable itself as “work” or not compensable as “not work;” (2) whether compensable time is measured from the time an employee first obtains the first piece of generic safety and sanitary gear, through the time the employee last disposes of the last piece of gear; (3) whether compensable time is measured as the mean time for performing the subject activity, rather than the “minimum time reasonably necessary” for accomplishing the activity; and (4) whether the Fourth Circuit’s aggregation of time increments across plaintiffs, work-weeks, and work-years conflicts with this Court’s prior precedents creating a de minimis exception to the Fair Labor Standards Act.

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