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BUZEK v. PEPSI BOTTLING GROUP, INC.

Civil Action No. H-06-2032.

501 F.Supp.2d 876 (2007)

Eric BUZEK, Plaintiff, v. The PEPSI BOTTLING GROUP, INC. et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

May 11, 2007.

Attorney(s) appearing for the Case

G. Scott Fiddler, Attorney at Law, Houston, TX, for Plaintiff.

G. Mark Jodon, Littler Mendelson, Houston, TX, Guy N. Halgren, Attorney at Law, Julie A. Dunne, Matthew S. Dente, Samantha D. Hardy, Sheppard Mullin Richter And Hampton LLP, San Diego, CA, for Defendants.

MEMORANDUM AND RECOMMENDATION

SMITH, United States Magistrate Judge.

This case presents an interesting issue of first impression in this circuit concerning the Employee Commuting Flexibility Act ("ECFA"), a 1996 amendment to the Portalto-Portal Act of 1947. 29 U.S.C. § 254(a). Plaintiff Eric Buzek claims that the Portal-to-Portal Act entitles him to compensation for time spent driving home from his last service call of the day, because transporting...

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