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IBP, INC. v. ALVAREZ

No. 03-1238.

546 U.S. 21 (2005)

IBP, INC. v. ALVAREZ, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, ET AL.

Supreme Court of United States.

Decided November 8, 2005.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner in No. 03-1238 and for respondent in No. 04-66. With him on the briefs in No. 03-1238 were Joseph R. Guerra, Rebecca K. Wood, Michael J. Mueller, and Joel M. Cohn. On the brief in No. 04-66 was Graydon G. Stevens.

Thomas C. Goldstein argued the cause for petitioners in No. 04-66 and for respondents in No. 03-1238. With him on the briefs in No. 04-66 were Amy Howe, Kevin K. Russell, Pamela S. Karlan, Timothy B. Fleming, Lori B. Kisch, and William C. Nugent. On the brief in No. 03-1238 were David N. Mark, William Rutzick, and Kathryn Goater.

Irving L. Gornstein argued the cause for the United States as amicus curiae supporting respondents in No. 03-1238 and petitioners in No. 04-66. With him on the brief were Solicitor General Clement, Deputy Solicitor General Hungar, Howard M. Radzely, Allen H. Feldman, Steven J. Mandel, and Michael P. Doyle.†

JUSTICE STEVENS delivered the opinion of the Court.

These consolidated cases raise questions concerning the coverage of the Fair Labor Standards Act of 1938 (FLSA), as amended by the Portal-to-Portal Act of 1947, with respect to activities of employees who must don protective clothing on the employer's premises before they engage in the productive labor for which they are primarily hired. The principal question, which is presented in both cases, is whether the time...

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