Rutti v. Lojack, Corp., 2010 WL 699946 (9th Cir. 2010)

Mike Rutti filed this putative class action on behalf of all Lojack technicians who installed alarms in customers’ automobiles. Rutti sought payment under the Fair Labor Standards Act for time spent on preliminary and postliminary activities performed by technicians in their homes both before and after their shifts. The district court granted summary judgment in favor of Lojack, but the Ninth Circuit vacated the judgment insofar as it precluded Rutti from seeking compensation for his commute time under California law and on his postliminary activity of sending daily portable data transmissions to the company and remanded the matter to the district court for further proceedings. The Court concluded that although Rutti was not entitled to reimbursement for his commute time under federal law or for the preliminary activities spent “receiving, mapping, and prioritizing jobs and routes for assignment,” he might be entitled to reimbursement for the postliminary activity of sending a daily transmission to Lojack from his home via a Lojack-supplied portable data terminal – because the evidence “does not compel a finding that the daily transmission of the record of the day’s jobs takes less than ten minutes.”