The 7th Circuit Court of Appeals recently tried a case involving 800 Indiana steel workers who were suing their employer for unpaid overtime
employee attendance, according to Court House News. Workers claimed they were illegally denied compensation for time spent donning and doffing their uniforms,which included flame-retardant pants and jackets, safety glasses, hard hats, work gloves and metatarsal boots.
The Fair Labor Standards Act does not consider the time spent putting on or taking off work clothes or other protective gear toward overtime hours worked, the news source reports.
If changing time did count in the calculation of total hours worked, employees would be eligible for premium pay rates (time-and-a-half) if they spent more for spending more than 40 hours in a standard week performing job-related duties.
While the FLSA does not consider changing into work clothes compensable time, it does require employers to pay non-exempt employees wages for:
- any time spent performing rework, or correcting mistakes
- time spent waiting for work between duties
- time an employee is required or allowed to perform work for his or her employer
Businesses can avoid employee lawsuits by investigating FLSA laws that might pertain to their industry. They can also post signs near the
timeclock that informs employees of their rights to further reduce liability.
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