Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork processing plant filed a lawsuit claiming unpaid overtime for time spent donning and doffing personal
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
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
Seventh Circuit Gets (Maybe Too) Clever in FLSA Donning and Doffing Case (Part 1 of 2)
A few weeks ago on Twitter, I remarked on Mitchell v. JCG Industries, a case from the Seventh Circuit penned by Judge Richard Posner:
140 characters do not do this decision justice, though. Reading it reminded me of another case we had argued before a panel with Judge Posner and Judge Wood during my
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
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