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 gear
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…
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…