Bonilla was one of several workers hired by Baker Concrete to work on construction at the Miami airport. During construction, airport security required the workers to pass through a security gate and ride in an airport-authorized bus to the site. Baker Concrete paid the workers for being at the site from 7:30 a.m. until 4 p.m. Because of the security requirements, the workers had to arrive at the airport an hour early in order to get to the site on time, and their commute home was extended 15 additional minutes. The workers sued, contending that under the Fair Labor Standards Act they should have been compensated for time spent being transported to and from the employee parking area to the construction site.

CASE QUESTIONS

1. Who prevails and why?

2. Explain your analysis and construct a hypothetical situation in which the losing party might have prevailed.