173134P.pdf   08/09/2018  Craig Lyons  v.  Conagra Foods Packaged Foods L
   U.S. Court of Appeals Case No:  17-3134
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Loken, Circuit 
   Judge] 
   Civil case - Fair Labor Standards Act. In action alleging plaintiffs were 
   entitled to compensation for time spent donning and doffing their 
   protective equipment, the company's practice of not compensating employees 
   for the time did not violate the Fair Labor Standards Act, 29 U.S.C. 
   Section 203(o); with respect to the employees' claim that the failure to 
   pay for donning and doffing violated the Arkansas Minimum Wage Act as 
   interpreted by the Arkansas Supreme Court in Gerber Prods. Co. v. Hewitt, 
   492 S.W. 3d 856 (Ark. 2016), the court finds, after reviewing that 
   decision and subsequent legislation passed by the State of Arkansas, that 
   the Arkansas Supreme Court would determine that it would not follow Gerber 
   but would instead apply the terms of the parties' collective bargaining 
   agreement, which did not provide for payment; claim for "tool time" was 
   correctly viewed as de minimis by the district court.