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February 22, 2005
Are walking and waiting time compensable?
The US Supreme Court granted certiorari in two cases that will decide whether time spent walking from the locker room to the work area, after donning special protective gear, is compensable under the FLSA.
IBP, Inc. v. Alvarez and Tum v. Barber Foods.
Employees in meat packing plants wear a lot of protective gear. For much of it, the employer and the government require that it be worn. Employees spend time donning and doffing this gear. Both the 1st and 9th Circuits agree they must be paid for that time.
But what about the time spent walking from the locker room to the place where the real work begins, and time spent waiting to put this gear away? The circuit courts split, with the 9th Circuit saying it must be compensated, and the 1st Circuit saying it need not be compensated.
It all has to do with whether this is within the FLSA's "changing clothes" exception, and whether the time is excluded by the Portal-to-Portal Act because it is preliminary or postliminary activity.
For the lower court decisions:
Alvarez v. IBP, Inc. (9th Cir 08/05/2003) [Full text pdf]
Tum v. Barber Foods (1st Cir 03/10/2004) [Full text]
Posted February 22, 2005 by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.
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