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BAKER v. BARNARD CONST. CO., INC.

No. 96-2223.

146 F.3d 1214 (1998)

Rex BAKER; Joseph N. Bordelon; Charlie E. Bradshaw, Jr.; Larry Cunningham; Denny Hensley; Steven D. Hensley; Leonard L. Mahan; Mack D. Mantle; Ray E. Fowler, Plaintiffs, and Alan Boyd; William R. Clarence; Gary Coon; Robert Cornett, Jr.; Tracy R. Mcmanus; Eddie Miller; Gerald Miller; David L. Robinson; James D. Spears, Jr.; Dennis Stiles; Gary Miller, Sr., Plaintiffs-Appellants, v. BARNARD CONSTRUCTION CO., INC.; Davy McKee Corporation; Flint Engineering & Construction Company; Mountain West Fabrication Plants & Stations, Inc.; Pioneer Contracting Company, Inc., Defendants, and Four-Way Company, Inc.; Foutz & Bursum Construction Company, Inc., Defendants—Appellees.

United States Court of Appeals, Tenth Circuit.

June 18, 1998.

Attorney(s) appearing for the Case

David N. Mark, Seattle, Washington (K. Lee Peifer, Albuquerque, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Thomas J. Hynes of Hynes, Hale & Gurley, Farmington, New Mexico, for Defendants-Appellees.

Before BRISCOE, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

At issue in this case is whether return travel time associated with refueling and maintaining construction equipment qualifies as work under the Fair Labor Standards Act [FLSA], 29 U.S.C. §§ 201-219, and is therefore compensable under the FLSA. Plaintiffs, employees of Defendants Four-Way Company and Foutz & Bursum Construction Company, were hired to perform welding work on oil and gas pipelines. They brought this action against...

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