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ALLEN v. McWANE, INC.

No. 08-41037.

593 F.3d 449 (2010)

Corline ALLEN, Individually and on behalf of all others similarly situated; All Plaintiffs; Lorenzo Aguirre; Theotis Anderson; Gerardo Avalos; et al., Plaintiffs-Appellants, v. McWANE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 2010.

Attorney(s) appearing for the Case

Daniel JT Sciano (argued), Tinsman & Sciano, Inc., Dawn Bruner Finlayson, Gardner Law Firm, San Antonio, TX, Jimmy Michael Negem, Negem, Bickham & Worthington, Tyler, TX, for Plaintiffs-Appellants.

Gregory Duane Smith (argued), Herschel Tracy Crawford, Deron Tay Dacus, Ramey & Flock, Tyler, TX, Mitchell G. Allen, Maynard, Cooper & Gale, Birmingham, AL, for Defendant-Appellee.

Before JONES, Chief Judge, and GARZA and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This collective action under the Fair Labor Standards Act ("FLSA"), on behalf of hourly employees of McWane, Inc. ("McWane"), sought payment for pre- and post-shift time spent donning and doffing protective gear. The district court granted summary judgment on the basis that at each plant there existed a custom or practice of not compensating pre- or post-shift time spent putting on and taking off protective gear. We AFFIRM.

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