Rail employees say employers' time and attendance policies were out of line

Employees of Chicago-based Amsted Rail Co. recently filed a lawsuit against their employer for failing to pay them for all of their time and attendance. The freight car and locomotive undercarriage component manufacturer alleged the company's payroll policies resulted in lost wages because they were paid for their scheduled employee attendance, but not the actual hours they punched on the company's timeclock.

The employees claim Amsted Rail required them to work before shifts started and after they ended without compensating them for that time. Unpaid tasks included gathering tools and equipment, putting on protective gear, testing equipment and organizing work areas, the case outlines. After scheduled shifts ended, employees were expected to clean work areas, shut down equipment, store tools and take off protective gear.

While donning and doffing time (putting on and taking off protective gear or uniforms) is not part of the Fair Labor Standards Act (FLSA), it is considered compensable under certain circumstances.

However, if employees are asked to perform any duties outside of their regularly scheduled shifts - even if it's voluntary - they must receive wages for that time if employers want to remain in compliance with the FLSA.