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DINGES v. SACRED HEART ST. MARY'S HOSPITALS, INC.

No. 98-1639.

164 F.3d 1056 (1999)

Garrett J. DINGES and Christine Foster, Plaintiffs-Appellants, v. SACRED HEART ST. MARY'S HOSPITALS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Stephen A. Ditullio (argued), Dewitt, Ross & Stephens, Madison, WI, for plaintiff-appellant.

Daniel Dennehy (argued) VonBriesen, Purtell & Roper, for defendant-appellee.

Before HARLINGTON WOOD, Jr., CUDAHY, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Working more than 40 hours per week draws premium pay under the Fair Labor Standards Act, 29 U.S.C. § 207. Should hours spent "on call" be treated as work? According to the Supreme Court, the answer depends on whether one has been "engaged to wait" or is "waiting to be engaged." Compare Armour & Co. v. Wantock, 323 U.S. 126, 65 S.Ct. 165, 89 L.Ed...

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