Employer – Employee : FLSA –  Protective Gear –  De Minimis Time

Where plant employees, who sought compensation for time spent donning and doffing protective gear, challenged the dismissal of their claims under the Fair Labor Standards Act, the judgment is affirmed because the appellate court predicts that the Arkansas Supreme Court would apply the terms of the parties’ collective bargaining agreement, and the employees’ claim for compensation for time spent checking in and checking out also failed because the employer was not required to compensate employees for de minimis time.

Judgment is affirmed.

Lyons v. Conagra Foods Packaged Foods LLC (MLW No. 71984/Case No. 17-3134 – 22 pages) (U.S. Court of Appeals, 8^th Circuit, Wollman, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Moody Jr., J. (Josh Sanford, Little Rock, Arkansas, argued for appellants) (Josef S. Glynias argued for appellee; Mark G. Arnold, Andrew J. Weissler and Brittany M. Falkowski appeared on the brief).

Read the full text of this opinion. (PDF)