Free Trial / Sign Up Products / Prices / Samples About Us / Contact FAQs Home
Latest employment law cases 
Summaries and links to full text
LawMemo - First in Employment Law Emailed directly to you
and online all the time
Latest Cases Advanced Search Law Firm Directory Arbitrator Directory Law School Directory Legal Resources / Memos
Employment Law Memo
Arbitration Law Memo
NLRB Law Memo
Employment Low Blog
Arbitration Law Blog
Employment Law 101
Articles
Supreme Court Cases
EEOC Info
NLRB Info

LawMemo Employment Law Blog 
All Archives    |    All Archives By Topic 
Also read LawMemo Arbitration Blog


« States' best practices regarding individuals with disabilities | Main | Who owns faculty-generated intellectual property? »

Donning and doffing: IBP v. Alvarez; Tum v. Barber Foods
November 08, 2005 by Ross Runkel at LawMemo

The Supreme Court, in a unanimous opinion, held that the Fair Labor Standards Act (FLSA) requires that employees be paid wages for the time they spend walking to their work stations from the place where they put on required protective clothing. Employees also must be paid for the whole day, including time spent waiting to take off the clothing, and the day ends when they take off the protective clothing. However, there is no requirement that employees be paid for time spent waiting to put on the first piece of protective clothing.

IBP v. Alvarez; Tum v. Barber Foods (US Supreme Court 11/08/2005)

Employees working in meat-packing and chicken-cutting plants must wear special protective clothing. They show up at the plant and wait (sometimes in line) to don (put on) the clothing. Then they walk to their individual workstations. At the end of the shift they walk back to a locker room, perhaps do some waiting, and then doff (take off) the protective clothing.

What's paid and what's not under the Fair Labor Standards Act (FLSA) and Portal-to-Portal Act?

  • Initial pre-shift pre-donning waiting time: Not.
  • Donning time: Paid.
  • Walking to the work area: Paid.
  • Walking back from the work area: Paid.
  • Waiting to doff: Paid.
  • Doffing: Paid.


LawMemo.Com


EEOC | NLRB | Supreme CourtEmployment Law BlogArbitration Blog | Employment Law 101

 
Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. It does not include the Caselaw Database.