Case Summary 11.1 :: Bonilla v. Baker Concrete Construction, 487 Bonillo was one

Question

Case Summary 11.1 :: Bonilla v. Baker Concrete Construction, 487

Bonillo was one of several workers hired by Baker Concrete to work on construction at the Miami airport. During construction, airport security required the workers to pass through a security gate and ride in an airport-authorized bus to the site. Baker Concrete paid the workers for when they were at the site at 7:30 a.m. until they left at 4:00 p.m. Because of the security requirements, the workers had to arrive at the airport an hour early in order to get to the site on time, and their commute home was extended 15 additional minutes. The workers sued, contending that under the Fair Labor Standards Act they should have been compensated for time spent being transported to and from the employee parking area to the construction site.p.

1.Who prevails and why?

2.Explain your analysis and construct a hypothetical situation in which the losing party may have prevailed

Explanation / Answer

1. The employer's action of not paying the employees for the priliminary and after work activities of waiting for the bus, commuting to the workplace and getting screened at the gate will prevail in this case. The reason behind the decision is that these activites were not integral and indispensible to the principal activity. These activities are casual necessity to perform the principal activity and can't be paid for.

2. The losing party may have prevailed in a hypothetical situation where a team of Engineers who were given a task sheet at the entrance would have to allocate the work and prepare the day's schedule as they travelled to the work in company vehicle. This is due to the fact that this activity, which they completed en route, was a part of their daily work and actually benefitted the employer in some way.

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