Castaneda v JBS USA, LLC

Castaneda and other employees appealed judgment for JBS in their Fair Labor standards Act suit. The panel affirmed. It held the district court properly found the parties walk time at the beginning and end of a shift was not compensable as 29 USC 203(o) leaves walk time and donning and doffing protective clothes for collective bargaining, the time involved here was de minimus, donning and doffing clothing and carrying tools are not primary activities and thus the incidental walking is not compensable and the later including of compensation in a new collective bargaining agreement did not change the result and the donning and doffing and walk time could have been excluded in the agreement. It finally held teat the district court properly concluded the meal break was a bona fide break and the compensation for clothing and equipment maintenance before and after the break was adequate.

United States v Dominguez-Rodriguez

The government appealed the sentence in this case arguing the district court erred in not applying a drug trafficking enhancement. The panel agreed and reamed for a new sentencing. It held that under the categorical approach the generic drug trafficking crime involves knowing possession of controlled substance and intent to distribute. As these are the elements of Dominguez-Rodriguez’s conviction, the drug trafficking enhancement applies. The panel rejected Dominguez-Rodriguez argument to the contrary noting the statute involved in the Supreme Court case he relies upon is an immigration statute with a different definition of drug trafficking than the sentencing guidelines for unlawful reentry applicable here.