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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.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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