Archives: Donning and Doffing

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Eighth Circuit Affirms Jury Verdict Despite Confusion over Whether the Standard is Reasonable Time or Actual Time for Compensable Activities

By Jeffrey Vlasek on September 17, 2012 Posted in Donning and Doffing, FLSA

Unless you’re one of the twelve people in the world who didn’t see The Avengers this summer, you can likely recall the scene where Tony Stark literally “steps out” of his Iron Man suit after landing on his penthouse ledge. Indeed, the fictional billionaire has perfected the doffing of his hardware to a science—the machines … Continue Reading

Fourth Circuit Affirms Judgment that Donning and Doffing Activities Are Compensable “Work” Under the FLSA

By Greg Mersol on June 14, 2011 Posted in Donning and Doffing, FLSA, Wage and Hour

Fashion icon Mark Twain once said, “Clothes make the man. Naked people have little or no influence on society.” And, indeed, employers agree, as many of them require their employees to don attire befitting their industrial pursuits. Mountaire, a company engaged in the slaughter, processing and distribution of chicken and chicken parts, is no exception. … Continue Reading

Juries Hand Employers Class Action Wage and Hour Victories

By Greg Mersol on June 9, 2011 Posted in Donning and Doffing, Wage and Hour

Jury trials of employment class actions are rare. If a case is certified, oftentimes the risk of going forward is simply too great for the employer, and it settles. Three recent cases, however, reflect that in those few class action cases that are tried, a plaintiff’s verdict is far from a certainty, particularly in the … Continue Reading

Court Finds That Labor Contracts Preempt State Law Wage and Hour Claim

By Greg Mersol on November 11, 2010 Posted in Donning and Doffing, FLSA

Donning and doffing claims? Two unions? Two contracts? State law wage and hour claims? Preemption? Removal jurisdiction? Many of the thorniest wage and hour issues have made their way into a single case. In Curry v. Kraft Foods Global.pdf (N.D. Ill. Oct. 25, 2010), the court had to resolve all of these issues in a … Continue Reading

Sixth Circuit Panel Rejects DOL ‘Clothes Changing’ Interpretation

By David Grant on September 8, 2010 Posted in Donning and Doffing, FLSA

In another twist to the often-litigated question of the compensability of mandatory workplace “clothes changing” under the Fair Labor Standards Act (FLSA), the United States Court of Appeals for the Sixth Circuit (by a 2-1 vote) concluded that union-represented employees at a Kellogg plant in Tennessee were not entitled to be paid for the time … Continue Reading