Protective clothing pay dispute goes to high court
An disagreement over whether employee time spent putting on and taking off protective garments that led to a lawsuit is heading to the U.S. Supreme Court.
The donning and doffing period, as time spent changing into and out of work-required clothes is called, has been a source of confusion under the Fair Labor Standards Act, according to labor law firm Baker & McKenzie.
The FLSA states that time spent on such an activity should be paid for when the clothing is required by the company or by law, but provides a number of exemptions that have muddled rulings. Collective bargaining agreements and even an informal practice or custom of non-payment is enough to waive the requirement.
Previously, a major consideration for the case was the exact definition of clothes, attorney Tammy D. McCutchen said. The protective gear involved in the case ranges from steel-toed boots to ear plugs. Past agreements between the employer and the labor union that represents the workers also complicated a possible ruling on the matter.
When companies have employees who wear protective garments, thorough recordkeeping can help avoid legal action. Using attendance tracking software can make sure each and every minute of time spent on the clock by workers is accounted for.
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