Tag Archives: Donning and Doffing

D.Kan.: FLSA Plaintiffs’ Motion to Compel Entry Into Defendant’s Facility To Conduct A Time & Motion Study Related To “Walk Time” Claims Granted

McDonald v. Kellogg Co. In this Fair Labor Standards Act (“FLSA”) wage and hour case, plaintiffs, current and former hourly production employees at defendant’s bakery facility, claimed that defendant violated the overtime provisions of the FLSA, 29 U.S.C. § 201 … Continue reading

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Filed under Discovery, Donning and Doffing, Work Time

6th Cir.: Although Changing Into PPE At Food-Processing Plant Is “Changing Clothes” and Excluded Under 203(o), It Is A Principle Activity And Begins The “Continuous Workday”

Franklin v. Kellogg Co. This case was before the Sixth Circuit on appeal from the order at the court below granting Defendant summary judgment in all respects with regard to Plaintiff’s claims that she was entitled to be paid for … Continue reading

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Filed under Donning and Doffing, Work Time

7th Cir.: 203(o) Does Not Preempt State Law; Notwithstanding The Fact That Time Spent Donning/Doffing Of PPE Constitutes Changing “Clothes” Under the FLSA, Such Time Is Compensable Under WI State Law And Not Waivable By CBA

Spoerle v. Kraft Food Global, Inc. In this case, the Plaintiff-employees brought a collective action against employer under the Fair Labor Standards Act (FLSA) and state law, contending that hourly employees at employer’s plant should be paid for time spent … Continue reading

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Filed under Donning and Doffing, Preemption, State Law Claims

203(o) Does Not Extend To PPE Worn By Employees That Is Required By Law, The Employer Or Due To The Nature Of The Job; Changing Clothes May Be Principal Activity, Starting Continuous Workday, Says DOL

Administrator’s Interpretation No. 2010-2 Today, the DOL issued its second Administrative Interpretation of 2010.  The subject of this interpretation was the oft-litigated issue of the definition of “clothes” under 29 U.S.C. 203(0), which has been the subject of countless so-called … Continue reading

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Filed under Department of Labor, Donning and Doffing

D.Colo.: Time Spent By Police Officers Donning And Doffing Their Uniforms And Equipment Is Compensable, Because It Is Integral And Indispensable To Their Police Duties

Rogers v. City and County of Denver This case was before the Court on the parties’ respective motions for summary judgment.  Plaintiffs made several claims for unpaid wages based on a variety of “off-the-clock” claims.  Although the Court denied the … Continue reading

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Filed under Donning and Doffing, Municipal Employees, Uncategorized, Work Time

9th Cir.: Time Police Officers Spent Donning/Doffing Uniforms and Equipment Not Compensable, Because Officers Had The Option Of Donning/Doffing At Home

Bamonte v. City of Mesa Appellants, police officers employed by Appellee City of Mesa (City), challenged the district court’s entry of summary judgment in favor of the City.  The officers contended that the City violated the Fair Labor Standards Act … Continue reading

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Filed under Donning and Doffing, Municipal Employees, Work Time

M.D.Tenn.: Even If Time Spent Donning And Doffing A Uniform Is Non-Compensable Under § 203(o), It Might Still Start The Workday Under § 254(a) And The Continuous Workday Rule

Arnold v. Schreiber Foods, Inc. Before the court was the Motion for Summary Judgment filed by defendant Schreiber Foods, Inc.  The Court granted the defendant’s motion in part and denied in part.  Of interest, while the Court determined certain time … Continue reading

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Filed under Donning and Doffing, Work Time

5th Cir.: Notwithstanding The Language of § 203(o), Actual Bargaining Is Not Necessary In Order To Find That A “Custom or Practice” Exists Under § 203(o); Pattern Of Non-Compensation Sufficient

Allen v. McWane Inc. This collective action under the Fair Labor Standards Act (“FLSA”), on behalf of hourly employees of McWane, Inc., sought payment for pre-and post-shift time spent donning and doffing protective gear.  The district court granted summary judgment … Continue reading

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Filed under Donning and Doffing, Work Time

4th Cir.: Because Donning and Doffing of Protective Clothing Constitutes “Changing Clothes,” Compensability of Such Time is Waivable, Under § 203(o), By Collective Bargaining Agreement

Sepulveda v.  Allen Family Foods Deciding an issue that has divided courts across the country, the 4th Circuit held that, because the donning and doffing of personal protective equipment (PPE) constitutes “changing clothes,” the right to be compensated for such time may … Continue reading

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Filed under Donning and Doffing, Work Time

Tyson Foods Found In Violation Of Fair Labor Standards Act In Donning And Doffing Suit, Reuters Reports

Reuters is reporting that “Tyson Foods Inc., one of the nation’s largest poultry producers, has been found in violation of the Fair Labor Standards Act (FLSA) at its Blountsville, Ala., facility.  The jury’s verdict in federal court in Birmingham resulted … Continue reading

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Filed under Donning and Doffing, Wage and Hour News, Work Time