Battaglia v. General Motors Corporation

169 F.2d 254 (2nd Cir. 1948)

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Nature of the Case

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Facts

Ps sued General (D) alleging a cause of action under section 16(b) of the Fair Labor Standards Act, 29 U.S.C.A. Sec. 216(b), for overtime compensation and an additional equal amount as liquidated damages, together with reasonable attorney's fees, for the time upon D's premises preliminary to, and after engagement in, the principal activities of Ps. Ps wanted compensation for the time spent walking to and from their workstations and walking out of D's premises when their principal work was done; in changing their clothes on D's premises before and after their main activities; in receiving their orders; in obtaining on such premises their tools and other equipment before, and in disposing of them after, their main activities; in washing and cleansing themselves after their principal work was done; and in lunch and rest periods during which their time was not entirely at their own disposal. Thousands of such suits were filed based on the ruling of the Supreme Court in Anderson v. Mt. Clemens Pottery Co. Congress quickly enacted the Portal-to-Portal Act of 1947 which countermanded future suits such as Anderson’s and directly affected Ps’ ability to sue D. D moved to dismiss Ps’ suit. The court granted the motion and Ps appealed contending that the Act of 1947 was unconstitutional.