In the latest in a series of appellate decisions addressing “donning and doffing” issues, the Court of Appeals for the Seventh Circuit ruled that time spent changing at the start and end of a non-compensable meal break is not compensable time under the FLSA. Mitchell v. JCG Indus., 2014 U.S. App. LEXIS 5099 (7th
donning and doffing
Supreme Court Accepts Review In FLSA “Donning/Doffing” Case
On February 21, 2013, the United States Supreme Court granted another FLSA certiorari petition, in the matter of Sandifer v. United States Steel Corp. In the underlying litigation in Sandifer, the plaintiffs sought compensation under the FLSA for time spent donning and doffing certain protective gear. Although the time spent donning…
Employer Prevails Before Seventh Circuit on Donning, Doffing Claims
In another setback for unionized non-exempt FLSA plaintiffs claiming as compensable time spent: 1) changing into work-related gear; and 2) traveling to their site of work from the changing point (typically in a production facility such as a factory or slaughterhouse), the Court of Appeals for the Seventh Circuit has ruled that U.S. Steel was…
Federal Magistrate Judge: Former Smelting Facility Employees Not Entitled To Compensation For Donning and Doffing of Protective Gear
Courts continue to analyze the compensability of preliminary and postliminary time: time spent before or after a non-exempt employee’s shift on certain tasks related to the performance of the employee’s job. Many suits allege the time spent “donning and doffing” of personal protective equipment (“PPE”) related to dangerous work environments (slaughter houses, power plants, etc.) must…
Tenth Circuit Rules Time Spent Putting On and Taking Off Protective Equipment Non-Compensable
An ongoing issue in wage and hour litigation is the compensability of changing time – the time spent putting on and removing garments and protective material related to the performance of an employee’s duties. Earlier this month, the Court of Appeals for the Tenth Circuit affirmed the District Court’s grant of summary judgment to defendant in…
Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA
As discussed here, the FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective bargaining agreement. 29 U.S.C. § 203(o). However, even where a unionized employer through a collective bargaining agreement is not required to pay for such time, if…