Robert Bridges, Mark Cote, Joshua Fish, Randall Hall, Brian Ackley, Erik Anderson,… v. United States

United States Court of Appeals
for the Federal Circuit
______________________
ROBERT BRIDGES, MARK COTE, JOSHUA FISH,
RANDALL HALL, BRIAN ACKLEY, ERIK
ANDERSON, TAYLOR ARBUCKLE, DARLENE
BECK, CHRISTOPHER BOERTJE, DE'LANO
BOLES, ROBERT CUNDIFF, AARON FULSOME,
MARC HARPER, PAUL HERRMANN, NICHOLAS
IZYDOREK, MICHAEL KOHLMAN, LUKE
LANGMEYER, RYAN LEA, TROY LICATA,
RAYMOND MATERNI, KENNETH MAXIE, RICKY
MYERS, RICHARD NATION, GRAHAM NICHOLS,
JORGE OTERO, MARK ROCHE, SAMUEL RUTTER,
EDWARD SADZEWICZ, RANDALL SIZEMORE,
NICHOLAS SLOCUM, COREY SMITH, ANTHONY
ST. CLAIR, PATRICK STYLES, DANIEL SWETZ,
JAMES TORRES, ROBERT TUCKER, JONATHON
TULL, SALATIEL VASQUEZ, MATTHEW WERT,
PATRICK WILSON, TRAVIS WITTER, JAMES
HERMANSEN,
Plaintiffs-Appellants
v.
UNITED STATES,
Defendant-Appellee
______________________
2022-1140
______________________
Appeal from the United States Court of Federal Claims
in No. 1:18-cv-00727-SSS, Judge Stephen S. Schwartz.
Case: 22-1140 Document: 37 Page: 1 Filed: 11/29/2022

-- 1 of 11 --

BRIDGES v. US 2
______________________
Decided: November 29, 2022
______________________
D AVID RICKSECKER, McGillivary Steel Elkin LLP,
Washington, DC, argued for plaintiffs-appellants. Also
represented by G REGORY K. MCG ILLIVARY .
ROBERT R. K IEPURA , Commercial Litigation Branch,
Civil Division, United States Department of Justice, Wash-
ington, DC, argued for defendant-appellee. Also repre-
sented by REGINALD T HOMAS BLADES , J R., BRIAN M.
BOYNTON, P ATRICIA M. MCCARTHY .
______________________
Before N EWMAN, L OURIE, and P ROST , Circuit Judges.
P ROST , Circuit Judge.
Robert Bridges et al. (collectively “Appellants” or “offic-
ers”) filed suit in the U.S. Court of Federal Claims (“Claims
Court”) arguing that their federal employer must compen-
sate them for certain travel time under the Fair Labor
Standards Act of 1938 (“FLSA”), see Pub. L. No. 75-718,
52 Stat. 1060, and governing Office of Personnel Manage-
ment (“OPM”) regulations. The Claims Court disagreed
and granted the government’s motion for summary judg-
ment. Bridges v. United States, 156 Fed. Cl. 129 (2021).
We affirm.
BACKGROUND
I
Appellants are correctional officers at a federal prison
in Milan, Michigan. They typically work in eight-hour
shifts, two types of which are relevant here: a regular
prison shift and a voluntary overtime hospital shift. The
prison shifts are scheduled two weeks in advance through
Case: 22-1140 Document: 37 Page: 2 Filed: 11/29/2022

-- 2 of 11 --

BRIDGES v. US 3
a roster system, but the hospital shifts are scheduled dif-
ferently because they arise only when a prison inmate is
transferred to a local hospital for care.
Since the need for hospital shifts varies depending on
how many inmates are in the hospital and how long the
inmates stay for treatment, the officers’ supervisors create
hospital shifts as needed. And when there is a need, the
supervisors turn to a list of correctional officers who volun-
teered to be contacted about these overtime shifts, which
provide overtime pay. The supervisors then run down the
list of officers and contact each officer one-by-one, starting
at the top. Once an officer accepts the voluntary shift, that
officer is placed at the bottom of the list.1
It takes about twenty minutes to drive from the prison
to each of the local hospitals, and prison shifts and hospital
shifts are currently staggered by one hour.2 For example,
for a prison shift that runs from 10:00 p.m. on a Monday to
6:00 a.m. the following Tuesday, the nearest-in-time hospi-
tal shift would start at 7:00 a.m. on Tuesday. An officer
might work a prison and hospital shift back-to-back, or an
officer could end a prison shift on Tuesday at 6:00 a.m. and
then volunteer for the hospital shift that starts at 3:00 p.m.
1 If no officer voluntarily accepts the shift, then it is
assigned by a supervisor as a mandatory shift. Compensa-
tion for travel time between a prison shift and a mandatory
hospital shift is not at issue in this appeal, though. See
Appellants’ Br. 6–7.
2 While the minimum time between prison and hos-
pital shifts seems to have changed over the course of litiga-
tion, the parties agree that the analysis is the same
regardless of those changes, so we discuss the shifts only
as they are scheduled now. See Bridges, 156 Fed. Cl.
at 131–32.
Case: 22-1140 Document: 37 Page: 3 Filed: 11/29/2022

-- 3 of 11 --

BRIDGES v. US 4
later that day. At issue in this case, though, are only the
back-to-back prison and voluntary hospital shifts.
II
Appellants filed a complaint in the Claims Court as-
serting that, pursuant to the FLSA and relevant OPM reg-
ulations, the prison must compensate them for the travel
time between a prison shift and a hospital shift, where
these shifts are back-to-back and the hospital shift is vol-
untary. The officers asserted that this travel time is a
“principal activity,” travel during a “continuous workday,”
or other “hours of work,” for which the FLSA mandates
compensation.
Appellants and the government filed competing mo-
tions for summary judgment. The Claims Court granted
the government’s motion and denied Appellants’. The of-
ficers appeal, and we have jurisdiction under 28 U.S.C.
§ 1295(a)(3).
D ISCUSSION
We review the Claims Court’s grant of summary judg-
ment de novo. Loc. Okla. Bank, N.A. v. United States,
452 F.3d 1371, 1376 (Fed. Cir. 2006). Because the Claims
Court properly determined that the FLSA does not man-
date compensation for the travel time at issue as a matter
of law, we affirm. Appellants’ travel time is not (I) a “prin-
cipal activity,” see 5 C.F.R. § 550.112(a); (II) travel during
a “continuous workday,” see IBP, Inc. v. Alvarez, 546 U.S.
21, 37 (2005); or (III) other “hours of work,” see
5 C.F.R. §§ 551.401(a), 551.412(a), 551.422(a).
I
The FLSA requires that employers pay covered em-
ployees for all “hours of work,” including time spent per-
forming “principal activities.” See 5 C.F.R. §§ 551.401(a),
551.411(a). “Principal activities are the activities that an
employee is employed to perform.” Id. § 550.112(a).
Case: 22-1140 Document: 37 Page: 4 Filed: 11/29/2022

-- 4 of 11 --

BRIDGES v. US 5
Appellants assert that their travel between a regular
prison shift and an immediately following voluntary hospi-
tal shift is such a principal activity. We disagree.
The Portal-to-Portal Act of 1947 indicates that the of-
ficers’ travel in this case is at least one step removed from
their principal activities. See Pub. L. No. 80-49, 61 Stat. 84
(codified at 29 U.S.C. §§ 251–62). Congress passed the Por-
tal-to-Portal Act in part to explicitly exclude certain travel
from the employer liability created by the FLSA. Relevant
here, the Portal-to-Portal Act clarifies that travel “to and
from the actual place of performance of the principal ac-
tivit[ies]” is not hours of work. 29 U.S.C. § 254(a)(1). Here,
no one disputes the officers perform their principal activi-
ties at the prison and local hospitals. And therein lies at
least one degree of separation: Congress distinguished the
“to and from” travel between such places from the places
themselves, where “the principal activit[ies]” are “per-
form[ed].” Id. That means the officers’ travel in this case
cannot be part and parcel of their principal activities.
Even Appellants appear to admit that their principal
activities don’t include this travel: they repeatedly charac-
terize their principal activities only as guarding inmates
and providing security. See Appellants’ Br. 34; Reply Br. 7;
see also Bridges, 156 Fed. Cl. at 135 (“The parties appear
to agree that a [p]rison employee’s principal activity is
guarding prisoners . . . .”); J.A. 8. And that makes sense.
Appellants are, after all, correctional officers in a prison.
Guarding inmates and providing security is the kind of
work they are “employed to perform.” 5 C.F.R.
§ 550.112(a).
Appellants nevertheless argue that their travel is a
principal activity under 5 C.F.R. § 550.112(a). See Appel-
lants’ Br. 34 (“[T]he correctional workers’ principal activi-
ties . . . start[] at the prison and end[] once relieved from
the hospital overtime assignment.”). For this assertion, the
officers rely on §§ 550.101(c) and 550.112(a), which provide
Case: 22-1140 Document: 37 Page: 5 Filed: 11/29/2022

-- 5 of 11 --

BRIDGES v. US 6
that “activities performed by an employee during periods
of irregular or occasional overtime work authorized under
[5 C.F.R.] § 550.111” are included in “[t]ime spent in prin-
cipal activities,” id. § 550.112(a), “for the purpose of” com-
puting hours of overtime work, id. § 550.101(c). The
officers argue that the travel at issue here is “during” their
overtime hospital shifts, which are “authorized under
§ 550.111.” See Appellants’ Br. 32 (“The hospital assign-
ments and related travel at issue here are compensable ir-
regular or occasional overtime . . . .”). But both premises of
this argument are wrong. First, the officers’ travel in this
case isn’t “during” their hospital shift work—overtime or
otherwise—because Appellants haven’t shown that it’s
“hours of work.”3 See 29 U.S.C. § 254(a)(1); infra Parts II
& III. And second, the officers’ hospital shifts are not “au-
thorized under [5 C.F.R.] § 550.111.” 5 C.F.R. § 550.112(a).
As the Claims Court noted, § 550.111 implements the Fed-
eral Employees Pay Act (“FEPA”), which relates to employ-
ees not covered by the FLSA. Bridges, 156 Fed. Cl. at 135
n.8 (first citing 5 U.S.C. § 5542(a); and then citing Doe v.
United States, 372 F.3d 1347 (Fed. Cir. 2004)); J.A. 9. Sec-
tion 550.101(c) reiterates this, stating that § 550.111
“do[es] not apply” to employees covered by the FLSA, like
the officers here. 5 C.F.R. § 550.101(c). That means Ap-
pellants’ overtime hospital shifts cannot be “authorized un-
der § 550.111” because § 550.111 is inapplicable to them.
II
Travel during a “continuous workday” must also be
compensated under the FLSA. Alvarez, 546 U.S. at 37. Ap-
pellants argue that their travel is during a “continuous
3 The question is not, as the officers assert, “exactly”
how many hours of overtime the officers work. Reply
Br. 10 (citing 5 C.F.R. § 550.101(c)). The question is if that
travel time is hours of work at all under the FLSA and
OPM regulations.
Case: 22-1140 Document: 37 Page: 6 Filed: 11/29/2022

-- 6 of 11 --

BRIDGES v. US 7
workday” and that determining otherwise would contradict
Department of Labor (“DOL”) regulations. See Appellants’
Br. 17 (arguing that OPM regulations “are required to ‘har-
monize . . . with [DOL] regulations’” (quoting Billings v.
United States, 322 F.3d 1328, 1334 (Fed. Cir. 2003))). We
disagree.
As an initial matter, we note that Appellants’ continu-
ous-workday argument appears to rely on an incorrect as-
sumption about the definition of a “continuous workday.”
Appellants seem to assume that their “workday” can only
be defined as starting when the prison shift starts and end-
ing when the immediately following hospital shift ends and
that those shifts, together, thus form a “continuous work-
day.”4 But this assumption is mistaken. A “continuous
workday” in this context is defined by Congress, OPM, and
the Supreme Court, which have all defined a “continuous
workday” by the start and stop of “principal activities.”5 So
4 To avoid confusion, we use “continuous workday” to
refer to the legal definition of a single workday and “work-
day” to refer to Appellants’ colloquial understanding of a
single workday.
5 In the Portal-to-Portal Act, Congress made clear
that the workday was legally bounded by the start and stop
of principal activities. 29 U.S.C. § 254(a) (precluding com-
pensation for certain travel that “occur[s] either prior to
the time on any particular workday at which such em-
ployee commences, or subsequent to the time on any par-
ticular workday at which he ceases, such principal activity
or activities”). OPM and the Supreme Court follow the
same definition. 5 C.F.R. § 551.411(a) (defining “workday”
as “the period between the commencement of the principal
activities that an employee is engaged to perform on a
given day[] and the cessation of the principal activities for
that day” where a “workday is not limited to a calendar day
or any other 24-hour period”); Alvarez, 546 U.S. at 37
Case: 22-1140 Document: 37 Page: 7 Filed: 11/29/2022

-- 7 of 11 --

BRIDGES v. US 8
Appellants’ two-shift “workday,” as they think of it, need
not be a “continuous workday,” legally. Indeed,
§ 551.412(b) explicitly contemplates what amounts to non-
continuous workdays: it recognizes that two blocks of “com-
pensable . . . hours of work,” like those book-ended by prin-
cipal activities, may nonetheless be separated by a non-
compensable activity. 5 C.F.R. § 551.412(b). This princi-
pal-activities-based definition of “continuous workday” is
also consistent with OPM’s instruction that the boundaries
of a workday are “not limited to a calendar day or any other
24-hour period.” Id. § 551.411(a).
With that clarification in mind, we turn now to Appel-
lants’ argument that determining that their travel is not
during a “continuous workday” would create disharmony
between OPM and DOL regulations. For this argument,
Appellants rely on DOL’s 29 C.F.R. § 785.38 as interpreted
and applied in Albuquerque. See United Transp. Union
Loc. 1745 v. City of Albuquerque, 178 F.3d 1109 (10th Cir.
1999).
Albuquerque involved city bus drivers covered by the
FLSA but under the DOL regulatory regime. At issue were
the bus drivers’ “split shifts”—a morning and an afternoon
shift usually separated by three to five hours. Id.
at 1112–13. The typical morning shift started at the city
garage and ended at a “distant relief point” while the after-
noon shift often started at a “distant relief point” and ended
at the city garage. Id. at 1113. As is relevant to this case,
the bus drivers sought compensation under the FLSA for
two specific employer-provided shuttle times: (1) from the
relief point to the city garage at the end of the morning shift
and (2) from the city garage to the relief point at the start
of the afternoon shift. Id. at 1118–20. The Tenth Circuit
(defining “continuous workday” as “the beginning of the
employee’s first principal activity” to “the end of the em-
ployee’s last principal activity”).
Case: 22-1140 Document: 37 Page: 8 Filed: 11/29/2022

-- 8 of 11 --

BRIDGES v. US 9
determined that compensation for these shuttle times was
not barred by the Portal-to-Portal Act’s commuting-time
exclusion. Id. at 1119 (citing 29 U.S.C. § 254(a)). Instead,
the Tenth Circuit concluded that the shuttle times fell un-
der DOL’s regulatory provision providing compensation for
“travel from job site to job site during the workday,” id. (em-
phasis added) (quoting 29 C.F.R. § 785.38), because the
shuttle times were “part of the drivers’ principal activity,”
id. (emphasis added) (cleaned up).
Appellants argue that failing to read OPM’s regula-
tions as providing compensation for the travel at issue here
would render them contrary to DOL’s “job site to job site”
regulation as interpreted and applied in Albuquerque. We
disagree. Like OPM, DOL defines a continuous workday
by the start and stop of principal activities. 29 C.F.R.
§ 790.6(b); see also Appellants’ Br. 18 (conceding that
OPM’s and DOL’s definitions of a “continuous workday” are
“similar”). So rather than point to disharmony between
OPM and DOL regulations, Appellants point us to har-
mony: given our determination that the travel here is not
part of the officers’ principal activities, DOL’s “job site to
job site” provision also would not provide compensation be-
cause the officers’ travel between shifts does not occur dur-
ing a “continuous workday” as defined by both OPM and
DOL.
III
OPM regulations additionally outline various “hours of
work” that must be compensated pursuant to the FLSA.
See 5 C.F.R. § 551.401(a). Appellants argue that their
travel time falls within certain OPM-defined “hours of
work.” We disagree.
Appellants primarily offer three different regulatory
bases to assert that their travel time between shifts consti-
tutes other “hours of work” within the OPM regulatory re-
gime, but each basis suffers from the same fundamental
flaw: the officers’ assertion that their travel is “hours of
Case: 22-1140 Document: 37 Page: 9 Filed: 11/29/2022

-- 9 of 11 --

BRIDGES v. US 10
work” boils down to the assertion that commuting is “hours
of work.” But that’s precisely contrary to the Portal-to-Por-
tal Act’s instruction that commuting time—i.e., time spent
“traveling to and from the actual place of performance
of the principal activit[ies],” 29 U.S.C. § 254(a)(1)—is not
covered by the FLSA, and the officers fail to provide any
kind of limiting principle that distinguishes the necessity
of the travel at issue in this case from the general necessity
of commuting.6
To illustrate, we look at the three bases individually.
First, Appellants assert that their travel is “hours of work”
as “[t]ime spent traveling” for which an employee is “re-
quired to” (1) “travel during regular working hours” or
(2) “drive a vehicle or perform other work while traveling.”
5 C.F.R. § 551.422(a)(1)–(2). Appellants argue that their
travel is “required” under these OPM provisions since the
prison “needs” the hospital shifts “covered.” Reply Br. 17.
Second, Appellants argue that their travel constitutes
“hours of work” as a “preparatory” or “concluding” activity
because it is “closely related to [their] principal activities”
and “indispensable to the performance” of those activities.
5 C.F.R. § 551.412(a)(1). The officers assert that their
travel is “closely related to” and “indispensable to” their
guarding duties because, “without that travel[,] . . .
6 Appellants resist the characterization of their
travel between a prison and hospital shift as commuting
because, in their view, commuting is limited to travel be-
tween home and work, and the officers here are not stop-
ping at home between shifts. See Reply Br. 14–15 (citing
5 C.F.R. § 551.422(b)). But the definition of commuting
need not be so restricted. Indeed, the regulation that Ap-
pellants cite to defines “‘home to work’ travel,” specifically.
5 C.F.R. § 551.422(b). It makes no mention of commuting,
let alone defines that term. Id.
Case: 22-1140 Document: 37 Page: 10 Filed: 11/29/2022

-- 10 of 11 --

BRIDGES v. US 11
guarding [an] inmate at the hospital would not be possi-
ble.” Appellants’ Br. 35.
And finally, Appellants assert that their travel is “suf-
fered or permitted” work or “idle time” that counts as
“hours of work” under 5 C.F.R. § 551.401(a)(2)–(3). For
“suffered or permitted” work or “idle time” to constitute
“hours of work,” that work must be “for the benefit of” the
employer. 5 C.F.R. § 551.401(a). The officers argue that
their travel time in this case is for the prison’s benefit be-
cause “the [prison] needs a qualified correctional worker to
guard [a] prisoner at the . . . hospital.” Appellants’ Br. 40.
Each of Appellants’ primary arguments depends on an
employer’s generic need to staff shifts. But to find that em-
ployee travel is “hours of work” so long as an employer
“needs” a shift “covered”; or that the employee couldn’t get
to that shift “without that travel”; or that the employer
“needs a qualified” employee to cover a shift—all of these
would be to say that all travel “to and from the actual place
of performance of the principal activit[ies]” requires com-
pensation under the FLSA. See 29 U.S.C. § 254(a)(1). Yet
we know that can’t be true. Congress said so. Id. Accord-
ingly, the officers fail to persuade us that their travel time
falls within these OPM-defined “hours of work.”
CONCLUSION
We have considered Appellants’ remaining arguments
and find them unpersuasive. For the foregoing reasons, we
affirm the Claims Court’s judgment.
AFFIRMED
Case: 22-1140 Document: 37 Page: 11 Filed: 11/29/2022

-- 11 of 11 --