Musch v. Domtar Indus., Inc., No. 08-4305

In plaintiff's suit on behalf of himself and all others similarly situated, seeking compensation for the time spent changing clothes and showering at the end of each work shift at defendant's paper mill, summary judgment in favor of defendant is affirmed where: 1) plaintiffs' daily post-shift activities are done under normal conditions and are merely postliminary non-compensable activities; and 2) the district court did not abuse its discretion in denying plaintiff's motion to reconsider in concluding that plaintiff merely rehashed the arguments he had made at summary judgment and failed to present evidence of extraordinary and exceptional circumstances under Rule 60(b)(6).     

Read Musch v. Domtar Indus., Inc., No. 08-4305

Appellate Information

Appeal from the United States District Court for the Western District of Wisconsin

Decided November 25, 2009

Judges

Before:  Bauer, Kanne and Evans,  Circuit Judges

Opinion by Bauer, Judge