BRIGHT v. HOUSTON NORTHWEST MED. CENTER SURVIVOR

No. 88-2884.

934 F.2d 671 (1991)

Frederick George BRIGHT, Plaintiff-Appellant, v. HOUSTON NORTHWEST MEDICAL CENTER SURVIVOR, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1991.


Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Campbell, Athey, Zukowski & Bresenhan, Houston, Tex., for plaintiff-appellant.

Gail Magers, Sullins Johnston Rohrbach & Magers, Houston, Tex., for defendant-appellee.

Before CLARK, Chief Judge, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER and BARKSDALE, Circuit Judges.


GARWOOD, Circuit Judge:

This is a former employee's suit for overtime compensation under section 7(a)(1) of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1). The question presented is whether "on-call" time the employee spent at home, or at other locations of his choosing substantially removed from his employer's place of business, is to be included for purposes of section 7 as working time in instances where the employee was not actually "called."...

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