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ALVAREZ v. IBP, INC.

Nos. 02-35042, 02-35110.

339 F.3d 894 (2003)

Gabriel ALVAREZ, individually and as class representative; Ranulfo Gutierrez, individually and as class representative; Pedro Hernandez, individually and as class representative; Maria Martinez; Ramon Moreno; Ismael Rodriquez, Plaintiffs-Appellees, v. IBP, INC., a Delaware corporation, Defendant-Appellant. Gabriel Alvarez, individually and as class representative; Ranulfo Gutierrez, individually and as class representative; Pedro Hernandez, individually and as class representative; Maria Martinez; Ramon Moreno; Ismael Rodriquez, Plaintiffs-Appellants, v. IBP, Inc., a Delaware corporation, Defendant Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2003.

Attorney(s) appearing for the Case

Michael B. King, Barbara J. Duffy, Douglas E. Smith, Nancy W. Anderson; Lane Powell Spears Lubersky LLP; Seattle, WA; and William A. Norris, Joel M. Cohn and Alison L. Gray; Akin Gump Strauss Hauer & Feld LLP; Los Angeles CA; for the appellant.

William Rutzick and Kathryn Goater; Schroeder, Goldmark & Bender; and David Mark; Seattle, WA; for the appellees.

Ellen R. Edmond, United States Department of Labor; Washington, DC, for amicus U.S. Department of Labor.

Suchi Sharma; Assistant Attorney General, State of Washington; Olympia, WA; for amicus Washington Department of Labor and Industries.

Before D.W. NELSON, THOMAS, Circuit Judges, and ILLSTON, District Judge.

THOMAS, Circuit Judge.

Perhaps the packing plant employees in Pasco, Washington, should have heeded Henry David Thoreau's warning to "beware of all enterprises that require new clothes." The central dispute in this class action lawsuit is whether IBP, Inc. ("IBP") should be required to compensate its employees for the time it takes to change into required specialized protective clothing and safety gear. Under the circumstances presented by this case, we conclude that...

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