546US1
42
Unit: $$U5
[08-22-08 13:38:19] PAGES PGT: OPIN
IBP, INC. v. ALVAREZ Opinion of the Court
In short, we are not persuaded that such waiting—which in this case is two steps removed from the productive activ ity on the assembly line—is “integral and indispensable” to a “principal activity” that identifies the time when the con tinuous workday begins. Accordingly, we hold that § 4(a)(2) excludes from the scope of the FLSA the time employees spend waiting to don the first piece of gear that marks the beginning of the continuous workday. IV For the reasons stated above, we affirm the judgment of the Court of Appeals for the Ninth Circuit in No. 03–1238. We affirm in part and reverse in part the judgment of the Court of Appeals for the First Circuit in No. 04–66, and we remand the case for further proceedings consistent with this opinion. It is so ordered.
