Former Dole Food employee Jose L. Fernandez is part of a class-action lawsuit that aims to recover back wages for alleged unfair pay practices. Fernandez claims the company owes him money for the time he spend putting on and taking off required safety gear, a practice referred to as donning and doffing in labor rights jargon.

The safety gear and sanitation practices have become even more important in preventing the transmission of bio-hazards and human-borne pathogens, which have caused e. coli outbreaks in the past. Even though Dole requires employees such as Fernandez to wear the gear before doing work, the employer does not include the time spent donning the outfits in work time totals.

"Dole does not pay (employees) for all required pre-and post-production work activities, that are integral and indispensable to their overall production work activities," the lawsuit explains.

The Fair Labor Standards Act (FLSA) does not consider the time spent putting on clothes or washing before a shift as compensable, but the Wage and Hour Division Administrator explains that time and attendance spent donning and doffing safety equipment and protective gear is different than changing clothes, and can sometimes be considered a regular duty that deserves remuneration.

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