Balestrieri v. Menlo Park Fire Prot. Dist., 800 F.3d 1094 (9th Cir. 2015)

Firefighters and emergency medical personnel sued the Menlo Park Fire Protection District, claiming that two of the district’s policies violate the Fair Labor Standards Act (“FLSA”). In their first claim, the employees claimed they were entitled to overtime for taking their gear to temporary duty stations. In the second, they claimed the district’s system of paying them cash in lieu of unused leave time violates the FLSA. The district court granted summary judgment in favor of the district, and the United States Court of Appeals for the Ninth Circuit affirmed, holding that under the authority of Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), loading up “turnout gear” to report to a shift at a visiting station is not “integral and indispensable” to their firefighting activity. The Court affirmed dismissal of the challenge to the annual sick leave buyback on the ground that it is not an attendance bonus and should not be counted in the regular rate.