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Sepulveda v. Allen Family Foods, Inc., No. 08-2256

By FindLaw Staff on December 30, 2009 1:27 PM

In an action brought by employees and their union against a poultry processing plant under the Fair Labor Standards Act (FLSA), judgment of the district court in favor of defendant is affirmed as the activity of donning and doffing protective gear constitutes "changing clothes" within the meaning of section 203(o) and is therefore not compensable under the prevailing customs or practices at the plant.  

Read Sepulveda v. Allen Family Foods, Inc., No. 08-2256

Appellate Information

Argued: October 28, 2009

Decided: December 29, 2009

Judges

Opinion by Circuit Judge  Wilkinson

Counsel

For Appellant:  C. Christopher Brown, Brown Goldstein & Levy, LLP

For Appellee:   Arthur Mortimer Brewer, Shawe & Rosenthal, LLP

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