Balestrieri v. Menlo Park Fire Protection District
Opinion
Opinion
Kleinfeld, J.
This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the Menlo Park Fire Protection District claim that two of the District’s policies violate the Fair Labor Standards Act. They claim entitlement to overtime for taking their gear to temporary duty stations. And they claim that the District’s system for paying cash in lieu of unused leave time violates the Act. The district court granted summary judgment in favor of the District. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, we affirm.
I. TURNOUT GEAR
A. Facts
Firefighters need special pants, special coats, helmets with hoods, and other gear to fight fires. The firefighters are issued two sets of turnout pants and coats, made of fire-resistant fabric with reinforced cuffs and reflective stripes, and two bags to store them, so that one is always available while the other set is being laundered. The District issues only one set of the gear that does not need laundering — helmets and hoods, boots, and so forth. A firefighter has to have immediate access to his gear at work.
The firefighters are free to take all the gear home with them, and bring it in at the…