Category Archives: Donning and Doffing

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Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints

On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints made to a government agency). In Greathouse v. JHS Security, Inc., the appeals court cited both Supreme Court precedent … Continue Reading

Unanimous Supreme Court Rules Employer Need Not Pay for Worker Security Screenings: Integrity Staffing Solutions, Inc. v. Busk

In October, we profiled Integrity Staffing Solutions, Inc. v. Busk, a case asking whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA). Warehouse workers sued Integrity Staffing under the FLSA for uncompensated time they were required to spend in lengthy security screenings (lasting up to 25 minutes) at the … Continue Reading

Seventh Circuit Takes Matters into Its Own Hands in FLSA Donning and Doffing Case (Part 2 of 2)

Yesterday, we discussed the first part of the Seventh Circuit’s recent decision in Mitchell v. JCG Industries penned by Judge Richard Posner.  As discussed in yesterday’s post, in Mitchell, the Seventh Circuit affirmed a district court’s decision dismissing an FLSA and Illinois Minimum Wage Law claim where unionized poultry processing plant workers alleged they had … Continue Reading

Supreme Court Says No Need To Pay Union Employees for Certain Protective Gear Dressing if Bargaining Agreement Excludes It

In Sandifer v. U.S. Steel Corp., the U.S. Supreme Court held that the FLSA does not require unionized employers to compensate employees for time spent putting on and taking off certain protective clothing if they have a collective bargaining agreement that excludes this time as compensable work time. The U.S. Department of Labor’s regulations have … Continue Reading

Supreme Court 2013-2014 Term

In the 2013 – 2014 Supreme Court term, the Court will hear and decide a number of cases affecting employers, including one FLSA case.  Sandifer v. U.S. Steel Corp.: The Court will consider what constitutes “changing clothes” under the FLSA. Under §203(o) of the FLSA, an employer need not compensate a worker for time spent … Continue Reading

Tenth Circuit Rules Donning and Doffing Protective Equipment Held Not To Be Compensable

The question of whether to pay employees for putting on protective gear has plagued employers for years.  While the federal courts are divided over this issue, at least five Appellate Courts – the Fourth, Sixth, Seventh, Eleventh and now the Tenth Circuits – have held that personal protective equipment is included within the meaning of “clothes” under … Continue Reading