Page:United States Reports 546.pdf/241

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546US1

30

Unit: $$U5

[08-22-08 13:38:19] PAGES PGT: OPIN

IBP, INC. v. ALVAREZ Opinion of the Court

the principal activities,’ and that the activities in question fall within this category.” Id., at 252–253. Thus, under Steiner, activities, such as the donning and doffing of special­ ized protective gear, that are “performed either before or after the regular work shift, on or off the production line, are compensable under the portal-to-portal provisions of the Fair Labor Standards Act if those activities are an integral and indispensable part of the principal activities for which covered workmen are employed and are not specifically ex­ cluded by Section 4(a)(1).” Id., at 256. The principal question presented by these consolidated cases—both of which involve required protective gear that the courts below found integral and indispensable to the em­ ployees’ work—is whether postdonning and predoffing walk­ ing time is specifically excluded by § 4(a)(1). We conclude that it is not. II Petitioner in No. 03–1238, IBP, Inc. (IBP), is a large pro­ ducer of fresh beef, pork, and related products. At its plant in Pasco, Washington, it employs approximately 178 workers in 113 job classifications in the slaughter division and 800 line workers in 145 job classifications in the processing divi­ sion. All production workers in both divisions must wear outer garments, hardhats, hairnets, earplugs, gloves, sleeves, aprons, leggings, and boots. Many of them, particularly those who use knives, must also wear a variety of protective equipment for their hands, arms, torsos, and legs; this gear includes chain link metal aprons, vests, plexiglass arm­ guards, and special gloves. IBP requires its employees to store their equipment and tools in company locker rooms, where most of them don their protective gear. Production workers’ pay is based on the time spent cutting and bagging meat. Pay begins with the first piece of meat and ends with the last piece of meat. Since 1998, however,