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May 16, 2005

Tum v. Barber Foods - Petitioners' brief

Petitioning employees have filed their US Supreme Court brief [pdf] in Tum v. Barber Foods, which will be argued next fall.

Quoting from the brief:

QUESTIONS PRESENTED

This Court has held that employees are entitled to compensation under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act, for the time their employer requires them to spend donning and doffing health and safety equipment.

The Questions Presented are:

1. Are employees entitled to compensation for the time they must spend walking to and from required health and safety equipment distribution stations?

2. Are employees entitled to compensation for time they must spend waiting to receive equipment at required health and safety equipment distribution stations?

Courtesy of SCOTUSBlog, one of whose authors, Thomas Goldstein of Goldstein & Howe, is counsel of record for petitioners. Tom says, "Kevin Russell worked heavily on the case with a team from the Stanford Supreme Court Litigation Clinic - Rachel Kovner, Michael Mongan, and Julia Lipez."

Posted May 16, 2005 by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.

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