Bernal v. Trueblue, Inc.’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Generally, the Portal-to-Portal Act, 29 U.S.C. § 254 (a), requires employers to pay employees only when they are engaged in ‘principal activities of employment,’ and not those activities that are considered ‘preliminary or postlimi-nary’ to the principal activities. Travel time is generally not considered a principal activity of employment.... There are, however, certain exceptions to this rule. First, travel time may be a principal activity of employment if it is ‘an indispensable part of performing one’s job’ rather than ‘ordinary home to work travel which is a normal incident of employment.’ ... Second, even if the travel itself is not an indispensable part of performing one’s job, travel time is com-pensable if it ‘occur[s] after the employee commences to perform the first principal activity on a particular workday and before he ceases the performance of the last principal activity on a particular workday.’ ... This is known as the ‘continuous workday’ rule.””

   1 later decision quote this exact passage · from the majority
   e.g. State Ex Rel. Storbakken v. Scott's Electric, Inc.