Does donning and doffing seems like a confusing way to describe the process of putting on uniforms for work? That's how the Department of Labor chooses to define the activity in the Fair Labor Standards Act (FLSA). While the FLSA does give it a fancy name, it unfortunately does not give a clear-cut depiction of when this behavior should be considered employee attendance (and is therefore compensable) and when it is simply a task that must be preformed before actual work begins.

A recent court cases that was filed by a group of U.S. Steel, Corp. employees may provide additional guidance about this definition, according to Koryn M. McHone of Barnes & Thornburg LLP, who recently wrote an article for the National Law Review. In the recent litigation - Sandifer v. U.S. Steel, Corp., employees allege they were not paid for time and attendance spent putting on and taking off protective gear.

Since an appeal was filed, the U.S. Supreme Court has announced it will further define what it means to "change clothes" before work and when that time should be paid like any other job-related tasks.

Ultimately, this move could clear up confusion about these tasks and might help employers avoid future disputes.

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