Ninth Circuit Rules Against Police Officers in Donning/Doffing Action

In Bamonte v. City of Mesa, --- F.3d ---, 2010 WL 1131492 (C.A.9 (Ariz.), 2010), the Ninth Circuit Court of Appeal affirmed summary judgment against a putative class of police officers in a donning and doffing action. The Court held that the officers' donning and doffing time was not compensable under the Fair Labor Standards Act and the Portal-to-Portal Act because the defendant did not require the officers to don and doff their uniforms and other gear at the work-place. Because the officers had the option of getting ready at home, the District Court properly entered summary judgment.