Von Friewalbe v. Boeing Aerospace Operations, Inc.

339 F. App'x 448
Court of Appeals for the Fifth Circuit·Decided August 4, 2009·No. No. 08-50316·Published·Cited by 37 cases

Opinion

PER CURIAM: *

Plaintiffs-appellants, approximately eighty current and former employees of defendant-appellee, Boeing Aerospace Operations, Inc., d/b/a Boeing Logistics Support Systems (Boeing), appeal the summary judgment dismissal of their collective action alleging that Boeing withheld overtime pay in violation of section 207 of the Fair Labor Standards Act (FLSA). 29 U.S.C. § 207. We hold that opt-in appellants Edward Montelongo and Jesus Loza-no have presented sufficient evidence to preclude summary judgment, therefore we VACATE and REMAND the dismissal of their claims. However, we AFFIRM the district court’s dismissal of all other claims.

I. FACTS AND PROCEEDINGS BELOW

Appellants were employed at a Boeing facility in San Antonio, Texas dedicated to maintaining and repairing military aircraft. Appellants worked as mechanics; quality inspectors; “tool control attendants” charged with dispensing and inventorying specialized tools from the “tool crib”; and ramp operators responsible for ushering aircraft in and out of the facility.

Boeing used a computer program known as “AutoTime” to monitor employee hours and job performance. For attendance purposes, employees were required to scan a personalized identification badge at the beginning and end of each workday at any of the numerous computers located throughout the facility.1 Under this system, employees had to “clock in” any time within thirty minutes prior to their assigned shift and “clock out” any time within eighteen minutes after their shift, but they were only paid for the set number of hours covered by their shift. So long as the employees clocked in and out within these “grace periods,” AutoTime automatically erased their actual clock-in/out times. However, if an employee clocked in before this 30 minute grace period his actual clock in time would register in the computer and he would automatically be awarded (in addition to his regular shift time) compensa-ble time for the entire period between his clock in and the beginning of his regular shift time. Similarly, if an employee clocked out after the 18 minute grace period his actual clock out time would register in the computer and he would automatically be awarded (in addition to his regular shift time) compensable time for the entire [452] period between the end of his regular shift time and his clock out. Company policy, of which appellants were informed and aware, forbade work without overtime authorization during these grace periods when they were clocked-in but not on-shift. After clocking in, appellants’ only duty was to report to their work stations by the start of their shifts. Appellants were also instructed to cease working fifteen to thirty minutes before the end of their shifts to allow time for cleaning up, putting away tools, and entering time and job data on company computers.

The four named appellants (Von Friew-alde, Hartman, Compás and Bevins) filed this collective action in the Western District of Texas, claiming that Boeing unlawfully denied them and their fellow employees compensation for overtime work in violation of section 207 of the FLSA. Subject to Boeing’s right to later seek de-certification, the parties entered into a conditional agreement certifying the collective action under 29 U.S.C. § 216(b), which allows one or more employees to bring suit on behalf of other “similarly situated” employees with their written consent. Pursuant to this agreement, the parties notified potential plaintiffs of the suit, and approximately seventy-six other current and former Boeing employees opted into the collective action. Appellants sought overtime wages for the following activities allegedly performed outside of their actual shift times: walking between their lockers and their work stations; obtaining and inventorying tools; donning and doffing ordinary protective gear such as safety glasses and hearing protection; and entering time and performing other work-related tasks on Boeing’s computers.2

Boeing filed a motion for summary judgment and a motion to decertify the collective action. On March 8, 2008, the district court granted Boeing’s motion for summary judgment, finding that appellants had failed to raise a fact issue as to whether Boeing had actual or constructive knowledge that appellants had performed uncompensated overtime work. As a consequence, the court dismissed Boeing’s motion to decertify the collective action as moot. On March 13, 2008, appellants filed a motion for rehearing, which, because it was filed within ten days of the judgment, the district court treated as a Fed.R.Civ.P. 59(e) motion to alter or amend the judgment. On June 10, 2008, the district court denied appellants’ motion, upholding its prior decision and additionally finding that the activities for which appellants sought overtime pay were non-compensable as a matter of law. Appellants timely filed this appeal.

II. STANDARD OF REVIEW

We review a grant of summary judgment de novo under the same legal standards applied by the district court. Harvill v. Westward Commc’ns, LLC, 433 F.3d 428, 433-34 (5th Cir.2005). Summary judgment is appropriate “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). “Fact [453] questions are viewed in the light most favorable to the nonmovant and questions of law are reviewed de novo.” Dutcher v. Ingalls Shipbuilding, 58 F.3d 723, 725 (5th Cir.1995). At least as to issues on which the nonmoving party would bear the burden of proof at trial, “ ‘[i]f the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, then there is no genuine issue for trial.’ ” Harvill, 433 F.3d at 433.

III. DISCUSSION

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Von Friewalbe v. Boeing Aerospace Operations, Inc., 339 F. App'x 448 (5th Cir. 2009).

339 F. App'x 448 (Von Friewalbe v. Boeing Aerospace Operations, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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