Eighth Circuit: Donning and Doffing Not a “Principal Activity” that Triggers Compensation

On August 30, 2013, in Adair v. ConAgra Foods, Inc., the U.S. Court of Appeals for the Eighth Circuit ruled that time spent by unionized employees walking to and from time clocks after donning and doffing protective clothing was not a “principal activity” for which compensation was required under the Fair Labor Standards Act (FLSA). The Eighth Circuit’s ruling adds to an existing circuit split on whether time spent changing clothes, which is otherwise excluded from compensation under section 203(o) of the FLSA, is still a “principal activity” that starts the continuous workday and triggers compensation requirements. Section 203(o) excludes from compensation time spent changing clothes provided that time has been excluded from compensation “by the express terms of or by custom or practice under a bona fide collective-bargaining agreement.”