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Expert Analysis

10th Circ. Offers FLSA Insight On Preshift Task Payment

By Lisa Hogan and Martine Wells (October 6, 2017, 11:32 AM EDT) -- On Sept. 14, 2017, a two-judge panel of the Tenth Circuit provided employers with more nuanced guidance regarding the compensability of preshift tasks under the Fair Labor Standards Act, 29 U.S.C. §§ 201-19. Specifically, in Bustillos, et al. v. Board of County Commissioners of Hidalgo County (Case No. 15-2213, Sept. 14, 2017, petition for rehearing filed Sept. 22, 2017), an unpublished decision, the Tenth Circuit held that emergency 911 dispatchers who are required by the employer to participate in mandatory preshift briefings for five minutes before each shift must be compensated for that time....

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