compensable time

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Authored by Jessica Schauer Lieberman

Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start the compensable workday for purposes of the Fair Labor Standards Act.  Specifically, the court held [here] that time spent changing into and out of uniforms could not “begin[] …
Continue Reading Dressing the Part Is Not Enough: 8th Circuit Decides That Changing Into Uniforms Does Not Start the “Continuous Workday”

supreme court.jpgAuthored by Steve Shardonofsky

Earlier this year, we commented [here] that the Supreme Court agreed to review the Seventh Circuit’s decision in Sandifer v. U.S. Steel rejecting claims by 800 factory workers that they are owed wages for time spent before and after their shifts in a locker room changing into and out of their job-required protective gear. …

Continue Reading HANGING ITS OPINION ON THE “CLOTHES” LINE: ORGANIZED LABOR WEIGHS IN ON THE DONNING/DOFFING DEBATE

logo_seyfarth_shaw.gifAuthored by Alex Passantino

$35 million. 

Even the ability of a public sector employer to use comp time did not prevent the Puerto Rico Department of Corrections and Rehabilitation from paying $35 million in back wages and interest to nearly 4,500 current and former employees.  See here.  In a consent judgment representing one of the largest recoveries in the…

Continue Reading W.H.D.?: $35 Million Consent Judgment with Commonwealth of Puerto Rico

supreme court.jpgCo-authored by Arthur Rooney and Jessica Schauer Lieberman

Are work clothes “clothes” under the FLSA?  And how much weight should be given to the Department of Labor’s opinion on this issue, especially when that opinion has changed more than once?

Yesterday, the Supreme Court agreed to answer these questions when it agreed to review the Seventh Circuit’s decision in Sandifer…

Continue Reading It Will Be A “Clothes” Call: Supreme Court to Decide if Work Clothes, Are “Clothes”

Teacher Pay.jpgCo-authored by Robert S. Whitman and Adam Smiley

Ever since enactment of the Portal-to-Portal Act in 1947, courts have been asked to define what types of work-related activities should and should not be paid — especially those occurring prior to the official start of the workday, or taking place after standard work hours.  The courts generally analyze this question by asking…

Continue Reading He Worked Hard for the Money: Second Circuit Analyzes Whether Post-Workday Hours are Compensable

7thCircuit-Seal.pngAuthored by Arthur Rooney

Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement.  Accordingly, to determine whether the exemption applies, courts often have to decide whether certain items, such as protective boots and aprons…

Continue Reading Seventh Circuit Rejects The Department Of Labor’s (Current) Interpretation Of “Clothes” Under The FLSA And When The Continuous Workday Begins