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  Getting Paid for Dressing and Undressing On the Clock: Baker Donelson Secures Employer-Friendly Decisions.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 24, 2009 Employees in several industries continue to pursue claims under the Fair Labor Standards Act (FLSA) alleging that various pre-shift and post-shift activities such as putting on, taking off or washing sanitary or protective gear before and after work is compensable and/or not being compensated adequately. This "donning and doffing" litigation is especially active in the food processing industry, and the law governing the claims continues to evolve in response to the thousands of claims being pursued. Report Link Donning/Doffing Case Illustrates Potential Opportunities and Pitfalls for Unionized Employers.Ford & Harrison LLP - May 16, 2007 Wage and hour lawsuits under the Fair Labor Standards Act (FLSA) are becoming increasingly fertile ground for litigation. Why is that? The FLSA provides that plaintiffs’ lawyers will receive attorney fees if their suits are successful. Report Link Donning, Doffing, Walking And Waiting: Paid Or Unpaid Time?Fredrikson & Byron, P.A. - January 19, 2006 Test your knowledge on the following wage payment questions. Report Link U.S. Supreme Court Grants Employees More Compensable Time (pdf).Vedder Price - January 06, 2006 On November 8, 2005, the U.S. Supreme Court
unanimously held in consolidated cases (IBP, Inc. v.
Alvarez, No. 03-1328, and Tum v. Barber Foods,
No. 04-66) that time spent by employees walking from a
changing area to the production area is compensable
under the Fair Labor Standards Act (as amended by the
Portal-to-Portal Act) when it follows the donning of
required protective gear. Report Link Justices Tackle "Walking, Working & Wages" (pdf).Ogletree Deakins - December 16, 2005 The U.S. Supreme Court began its
2005-2006 term by hearing a pair of
class action employment lawsuits raising
compensation issues for workers
who are required to put on and take off
protective gear before starting their
work shift. A little more than a month
later, in one of the first decisions of the
term, the high court issued its ruling
in these cases. The result has been generally
perceived as a victory for workers.
This decision raises significant
issues for employers with these types
of workers – and raises difficult questions
for many other companies. IBP,
Inc. v. Alvarez (No. 03-1238) and Tum v.
Barber Foods, Inc. (No. 04-66), U.S. Supreme
Court (November 8, 2005). Report Link To Pay or Not to Pay: Supreme Court Holds That Time Spent Traveling To And From Work Areas to "Don and Doff" Protective Gear Is Compensable.Littler Mendelson, P.C. - December 02, 2005 In a recent consolidated opinion, IBP, Inc., v. Alvarez, No. 03-1238, and Tum v. Barber Foods, Inc., No. 04-66 (Nov. 8, 2005), a unanimous U.S. Supreme Court held that employees must be compensated under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act of 1947, for time spent walking from their employer's locker room to the work floor after "donning," or putting on, unique protective gear, as well as time spent waiting to "doff," or take off, unique protective gear. The Court also held that time spent waiting to don protective gear is excluded from FLSA coverage by the Portal-to-Portal Act, and that employers are not required to compensate employees for that waiting time. Report Link Supreme Court Decision Expands The Compensable Workday for Many Employers.Jackson Lewis LLP - November 15, 2005 In what is likely to be the most significant labor and employment law decision in this term, the U. S. Supreme Court has overturned long held assumptions concerning the scope of the compensable workday for employees who are required to wear protective garments or gear to perform their jobs. On November 8, 2005, the Supreme Court delivered a unanimous opinion in IBP, Inc. v. Alvarez, 546 U.S. _____ (2005), Docket Nos. 03-1238 and 04-66, a case involving the interpretation of work time under the federal Fair Labor Standards Act. The Court concluded that the donning of protective gear prior to an employee's shift commences the workday, and that time spent walking to employees' workstations is encompassed within the compensable workday. Report Link National Alert -- When Walking And Wages Collide (pdf).Ogletree Deakins - November 10, 2005 The first dispute heard by the U.S. Supreme Court this term involved a pair of class action
employment lawsuits raising compensation issues for workers who are required to wear protective gear. Today, the high court issued its ruling in these cases, which was generally in favor of the workers. For employers with these types of workers, this stands to dramatically affect their workplace.
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