loader
Page is loading...
generic_insight_detail

U.S. Supreme Court Agrees to Clarify FLSA’s Exemption for Donning and Doffing Time


TimeclockThe United States Supreme Court has granted certiorari in Sandifer v. U.S. Steel, Corp., No. 12-417, in order to consider what constitutes “changing clothes” under the Fair Labor Standards Act (FLSA).

The appeal was filed by a class of U.S. Steel, Corp. employees who alleged they were not paid for the time spent putting on and taking off their protective gear, in violation of the FLSA. Though not addressing all aspects of the U.S. Court of Appeals for the Seventh Circuit’s dismissal of the employees’ claims, the U.S. Supreme Court has agreed to provide insight as to what activities fall within the realm of “changing clothes” under Section 203(o) of the FLSA. Specifically, Section 203(o) excludes from compensable time, the employees’ off-the-clock "time spent in changing clothes . . . at the beginning or end of each workday" if a collective-bargaining agreement so provides. 29 U.S.C. § 203(o).

With the evolution of the definition as to what constitutes “changing clothes” and the changing position of the United States Department of Labor as to how this term should be defined, many employers have been left in the lurch as to whether to compensate employees for certain types of activities, while employees have been left confused as to their rights under the law. Thus, this case is one to watch, as it could have wide-ranging impact on compensation in a number of industries, such as the metals and meat/poultry processing industries, where the wearing of protective gear is necessitated.


LEAVE YOUR COMMENT

RELATED ARTICLES

No E For Effort: FLSA Conditional Certification Fails Without Supporting Evidence

October 23, 2019 | Currents - Employment Law, Fair Labor Standards Act

Café Managers’ Second Attempt At Conditional Certification Fails

October 22, 2019 | Currents - Employment Law, Fair Labor Standards Act

No Right, Just Rules: Court Lacks Jurisdiction Over Steakhouse Managers’ Claims

October 3, 2019 | Currents - Employment Law, Fair Labor Standards Act

The FLSA Protects Colorado’s Recreational Cannabis Workers

September 25, 2019 | Currents - Employment Law, Fair Labor Standards Act

Another Court Declines to Defer to DOL Guidance on 20 Percent Rule

August 22, 2019 | Currents - Employment Law, Employment Lessons

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
FLSA
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.