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FRANKLIN v. KELLOGG CO.

No. 09-5880.

619 F.3d 604 (2010)

Alice FRANKLIN, Petitioner-Appellant, v. KELLOGG COMPANY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2010.

Attorney(s) appearing for the Case

ARGUED: Rachhana T. Srey , Nichols Kaster, PLLP, Minneapolis, Minnesota, for Appellant. Maurice Wexler , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, for Appellee. ON BRIEF: Rachhana T. Srey , Paul J. Lukas, Nichols Kaster, PLLP, Minneapolis, Minnesota, William B. Ryan , Donati Law Firm, LLP, Memphis, Tennessee, for Appellant. Maurice Wexler , Angie C. Davis , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Memphis, Tennessee, James N. Boudreau , Greenberg Traurig, LLP, Philadelphia, Pennsylvania, for Appellee.

SILER, J., delivered the opinion of the court, in which GRAHAM, D.J., joined. CLAY, J. (pp. 620-23), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Alice Franklin, an employee at Kellogg Company's ("Kellogg") Rossville, Tennessee Plant ("Plant" or "Rossville Plant"), filed suit on behalf of herself and all similarly situated employees to recover wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201, et seq., for time spent donning and doffing Kellogg's mandatory food safety uniforms and protective...

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