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The Latest on Donning and Doffing under the FLSA: To Pay or Not to Pay

by Matthew B. Hansberry As most employers know, there has been considerable litigation under the Fair Labor Standards Act ("FLSA") over the years regarding whether employers must pay employees for time spent putting on and taking off (i.e, "donning and doffing") various types...

Foley & Lardner Labor and Employment Law Weekly Update (Week of December 5, 2011)

Employers Should Guard Against "Regarded As" Claims, Which Are Now Easier to Establish Under the ADA by Caroline Hogan In 2008, the ADA was amended by the Americans with Disabilities Act Amendments Act (ADAAA). The corresponding EEOC regulations, effective in March 2011, expanded...

U.S. Supreme Court Agrees to Hear Donning, Doffing Suit

WASHINGTON, D.C.-(Mealey's) The U.S. Supreme Court on Feb. 19 agreed to hear the appeal of a class lawsuit over what constitutes "changing clothes" under Section 203(o) of the Fair Labor Standards Act ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417, U.S. Sup...

Supreme Court to Determine What "Clothes" Are under the FLSA

With a title like that, this post could only arouse the interest of an employment lawyer. But, all of y'all should pay attention. Under the Fair Labor Standards Act , the period of time during which a covered employee must be paid begins when the worker engages in a principal activity. Putting...

Lareau on Sandifer v. United States Steel Corp.: Supreme Court to Review "Donning/Doffing" Issue

The Supreme Court granted the petition for certiorari but limited the Court's review to the donning/doffing issue in Sandifer v. United States Steel Corp. This Emerging Issue Analysis explains the Seventh Circuit decision and comments on the Court's decision to review. Excerpt: Introduction...

U.S. Supreme Court Hears Arguments On What Is Compensable Donning/Doffing

WASHINGTON, D.C. — (Mealey’s) The time workers spend putting on attire that may look like regular clothes but is worn to protect them is compensable under the Fair Labor Standards Act (FLSA), despite a collective bargaining agreement (CBA) stating otherwise, Eric Schnapper of the University...

Clothes Make the Man, and the Wage-and-Hour Lawsuit

Last week the U.S. Supreme Court heard oral argument in its first employment law case of its October 2013 term, Sandifer v. United States Steel Corp. [ an enhanced version of the 7th Circuit opinion is available to lexis.com subscribers ], which asks under what circumstances employers are required to...

U.S. Supreme Court Holds Security Screening Time Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time warehouse workers spend waiting to undergo and actually undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA), a unanimous U.S. Supreme Court ruled this morning ( Integrity Staffing Solutions, Inc. v. Busk, et al...

Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable

Today the U.S. Supreme Court issued its decision in Busk v. Integrity Staffing Solutions, Inc. , unanimously holding that time warehouse employees spent waiting to go through security checks and undergoing those checks at the end of their shift was not compensable time. The decision overrules a contrary...

#SCOTUS Unanimously Holds That Post-Work Security Checks Are Unpaid

Integrity Staffing Solutions v. Busk asks the question of whether the FLSA entitles hourly employees to be paid for post-shift time spent undergoing mandatory security screenings. The case was brought by two employees of a warehousing company with employee theft issues. To combat the problem, the company...

U.S. Supreme Court Accepts Appeal of Tyson Donning, Doffing Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court this morning granted the petition for writ of certiorari in the appeal of a nearly $5.8 million verdict in favor of a class of Tyson Foods Inc. workers who brought a donning and doffing suit against the company ( Tyson Foods, Inc. v. Peg...

U.S. Supreme Court Hears Oral Arguments in Donning, Doffing Appeal

WASHINGTON, D.C. — (Mealey’s) A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued this morning before the U.S. Supreme Court ( Tyson Foods, Inc. v. Peg Bouaphakeo...

An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...