Babcock v. Butler County — employment / FLSA — affirmance — Sloviter

A divided Third Circuit panel today affirmed a district court ruling a dismissing without discovery a suit brought by prison guards alleging that their full meal time was work that should have counted towards overtime. The panel majority joined a circuit majority in adopting a predominant-benefit test to decide whether meals were work time under the Fair Labor Standards Act, and held that they were not even though the guards pled that they were required to be prepared to serve at a moment’s notice during meals.

Joining Sloviter was Fuentes; Greenaway dissented. Arguing counsel were Justin Swidler for the guards and Marie Jones for the county.