Clarke v. City of New York
Opinion of the Court
SUMMARY ORDER
Appellants Clarke et al. appeal from judgments by the United States District Court for the Southern District of New York (Lynch, J.), after a jury verdict, dismissing the complaint and denying judgment as a matter of law. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
This case falls squarely under the previously decided Singh v. City of New York, 524 F.3d 361 (2d Cir. 2008). In Singh, a group of inspectors with the Fire Alarm Inspection Unit of the New York Fire Department brought a claim under the Fair Labor Standards Act (“FLSA”), as amended by the Portal-to-Portal Act, demanding compensation for their commuting time because they were required by their employer to transport and protect inspection documents. Id. The collective weight of their materials was between 15 and 20 pounds. Id. at 365.
We analyzed the claim in two parts, looking first to whether plaintiffs were entitled to compensation for the entire commute and, if not, whether they were entitled to compensation for the additional commuting time that resulted from their transport of these materials. Id. at 366-67. For the first part of the analysis, we applied a “predominant benefit test,” asking whether the employer’s restrictions hindered the employees’ ability to use
The facts of the case before us are materially indistinguishable from Singh. Plaintiffs in this case, like Singh, are responsible for the transport of a 20-pound bag of equipment.
We reviewed the jury instructions and found no error.
For the foregoing reasons, the judgment of the district court is AFFIRMED.
. Though there appeared to be a dispute at trial as to the weight of the equipment, Appellants’ brief uses an estimate of "at least 20 pounds.”
Reference
- Full Case Name
- Shirley CLARKE, on behalf of herself and others similarly situated, James Gourdet, on behalf of herself and others similarly situated, Desmond Lewin, on behalf of herself and others similarly situated, Oluwatoyin Akinfeleye, Anthony Akinyemi, Gifty Akomea, Charles Attoh, S. Bhair Botros, Dawn Branch, B. Brunot, Sarah Batsiyah, Abdul G. Chaudhary, Michele Chin-On, Cheryl Denton, Lovely Desir, Rosemary E. Ehigiator, Mahalia Epiphane, Fabian Ferguson, Farooq H. Faizi, Odette Freckleton, Jackeline Guerra, Vernon Herbert, Popoola Isaac, Natasha Itwam, Floy Jarvis, Dildar Javed, Dolphy Lamarre, Waheed Lawal, Yin Ling Leung, Ferdousi Momen, Reginald Osuji, Roxanne Peters, Herold Pierre, Donald Ramnauth, Zenela Romney-Thomas, Tatyana Shekhtman, Christopher Sherman, Charlton H.I. Smith, Christopher Stephenson, Lalzachan Sukhu, Drusilla Teeluassingh-Dhindsa, Cemone Thomas, Cesar Torales, Valeriy Akopyan, Olga Cerrato, Masud Lasker, Melvin Peralta, George Seaforth, Mark D. Allen, Mark Blake, Oliver Thomas, Andre Johannes, Fitz Reid, Samsaywack Singh, Debra Johnson v. CITY OF NEW YORK
- Status
- Published