Pizano v. Big top & Party Rentals, LLC d/b/a Big Top Tent & Party Rentals, LLC
1:15-cv-11190
N.D. Ill.Apr 12, 2017Background
- Plaintiff Jose Pizano worked seasonally (2012–2015) for Big Top & Party Rentals installing tents and event equipment; he alleges unpaid overtime for time including loading/unloading trucks and traveling between jobs.
- Employer operates multiple crews; employer says a dedicated crew loads/unloads trucks and other crews are given a "ride" to the first job in a loaded company truck and start work upon arrival; employer pays the workers for that ride time at regular rate.
- Dispute centers on whether the employees actually performed preparatory (loading/picking up tools) or post-job (unloading/cleaning) tasks that would make travel time compensable.
- Parties asked the court to decide the threshold legal question: can "ride time" be compensable under the FLSA and the Illinois Minimum Wage Law (IMWL)?
- The court limited its decision to that legal question and concluded that ride time can be compensable; factual disputes about whether particular employees performed integral preparatory/cleanup tasks remain for discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "ride time" can be compensable under the FLSA/IMWL | Ride time is compensable when it falls within the continuous workday or follows/precedes integral and indispensable activities (loading, picking up tools, cleanup) | Ride time is a convenience to employees and not an integral part of their job; workers do not perform work while riding | The court held that ride time can be compensable under the FLSA/IMWL when it is part of the continuous workday or follows/precedes integral and indispensable activities; factual questions about whether employees performed such tasks remain for discovery |
Key Cases Cited
- Kellar v. Summit Seating Inc., 664 F.3d 169 (7th Cir. 2011) (FLSA requires overtime pay for covered employees exceeding 40 hours/week)
- Sandifer v. U.S. Steel Corp., 134 S. Ct. 870 (U.S. 2014) (explaining the continuous workday rule)
- Steiner v. Mitchell, 350 U.S. 247 (U.S. 1956) (activities are compensable if integral and indispensable to principal activities)
- Integrity Staffing Sols., Inc. v. Busk, 135 S. Ct. 513 (U.S. 2014) (time is not compensable if not integral and indispensable to employees' principal duties)
- Perez v. Super Maid, LLC, 55 F. Supp. 3d 1065 (N.D. Ill. 2014) (travel time between jobs is compensable where it is integral to job duties)