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· 9/12/2006

Smith v. Aztec Well Servicing Co.

Citations

  • 462 F.3d 1274

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[p]ursuant to the Portal- to-Portal Act, employers are not required to compensate their employees for time spent ‘traveling to and from’ the place of their principal activities”
  • explaining employers “are not required to compensate employees for time spent commuting between home and their workplace, or for any activities that are ‘preliminary to or postliminary to’ their principal activities”
  • “[A] plaintiff’s attempt to add a new claim to the pretrial order [is] the equivalent of asking leave to amend his complaint[.]” (quotation omitted)
  • “A restriction imposed on the manner in which the plaintiffs can travel to and from their workplace is relevant only if it shows that their travel time was integral and indispensable to their principal activities.”
  • “[U]nless the plaintiffs’ travel was an integral and indispensable part of their principal activities because they were traveling together with their crew, then the alleged carpooling requirement does not transform the plaintiffs’ travel time into compensable work hours.”
  • “While the plaintiffs occasionally carried equipment and paperwork on behalf of the tool pusher, this was a rare occurrence, and the crews did it as a favor to the tool pusher rather than as an ordinary part of their job.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Brorby, McConnell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.