Building on its prior rulings in so-called “donning and doffing” cases, the Supreme Court affirmed the Seventh Circuit’s 2012 decision holding that the donning of certain protective gear qualifies as “changing clothes” within the meaning of 29 U.S.C. § 203(o), and thus is susceptible to exclusion from the hours worked calculation under the terms
personal protective equipment
Supreme Court Accepts Review In FLSA “Donning/Doffing” Case
By Noel P. Tripp on
Posted in Hours of Work
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
By Noel P. Tripp on
Posted in Hours of Work
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
By Noel P. Tripp on
Posted in Hours of Work
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…