Supreme Court considers definition of clothing under FLSA
A lawsuit filed by 800 current and former Indiana steel workers claims that time spent putting on and removing protective gear should be compensated by their employer.
On Nov. 4, the Supreme Court heard arguments regarding the donning and doffing of clothes for steel workers. The central point of contention was regarding the definition of "clothes" versus that of "protective gear." According to Reuters, no definitive conclusions were made.
Under the Fair Labor Standards Act, employers are generally required to pay for time spent putting on protective clothing. There is, however, an exemption for unionized workers, which allows employers and unions to determine compensation for donning and doffing in Collective Bargaining Agreements, according to Littler Mendolson, an international law practice.
The Supreme Court's decision could set a precedent that will affect a unionized workers in a number of industries that require protective clothing. Depending on the Court's decision, unionized employers could be liable for millions in back wages for uncompensated donning and doffing time.
Whether or not workers are paid for the time it takes to get into and out of protective clothing, time and attendance software can help ease the process of providing back pay by keeping records of employee time.
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