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As usual, when involving a Supreme Court case, I'd recommend reading the case directly as they are usually eminently readable. https://www.supremecourt.gov/opin
by dwohnitmok 7y ago
As usual, when involving a Supreme Court case, I'd recommend reading the case directly as they are usually eminently readable. https://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf https://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf
It was a unanimous decision here, because the Portal-to-Portal Act (the 1947 law referenced) has pretty consistently been interpreted both by regulatory bodies and courts in the intervening 70+ years to explicitly exclude such activities from the FLSA. If you want to change this, you definitely need to go to Congress with this.
- gbronner 7y agoLooks like there were several precedents and regulatory opinions here covering this exact issue, and the 9th Circuit disagreed with them. SC reversed the 9th circuit to maintain consistency. Want change? Get Congress to change the law, because the law, as written now, permits this.