In an action under the Fair Labor Standards Act seeking compensation for the time plaintiff spent commuting to worksites in defendant's vehicles, summary judgment for defendant is affirmed in part where use of an employer's vehicle for commuting is not compensable, but reversed in part where the transmissions plaintiff sent to defendant at the end of the working day may be compensable.
Argued and Submitted February 4, 2009
Filed August 21, 2009
Opinion by Judge Callahan
Partial Concurrence and Partial Dissent by Judge Hall
Partial Concurrence and Partial Dissent by Judge Silverman
John Glugoski, Righetti Law Firm, San Francisco, CA
Peter D. Holbrook, Los Angeles, CA