February 2014 – U.S. Supreme Court Upholds Collective Bargaining Provision Limiting the Compensability of Time Spent Donning and Doffing Protective Gear at the Beginning or End of Each Workday
U.S. Supreme Court Upholds Collective Bargaining Provision Limiting the Compensability of Time Spent Donning and Doffing Protective Gear at the Beginning or End of Each Workday
The Fair Labor Standards Act, 29 U.S.C. §203(o) provides that the compensability of time spent changing clothes or washing is a subject appropriately negotiated in collective bargaining. Charles Sandifer and others filed a collective action against U. S. Steel seeking back pay for the time he and the other petitioners spent in donning and doffing pieces of protective gear that United States Steel Corporation required its workers to wear due to hazards in its steel plants. Sandifer and the petitioners argued that the protective gear was not included in the meaning of “clothing” in §203(o).
United States Steel maintained that this donning and doffing time which would otherwise be compensable under the FLSA was non-compensable because of a negotiated provision in its collective bargaining agreement with the Union representing Sandifer and other employees.
On January 27, 2014, the Supreme Court issued a unanimous decision holding that, under §203(o), “clothes” denotes any items including protective gear that are both designed and used to cover the body and are commonly regarded as articles of dress. The Court also concluded that “changing clothes” includes placing articles over street clothing and was not limited to substituting one article with another. The Court held that, under §203(o), putting on and taking off a flame retardant jacket, pair of pants and hood; a hardhat; a snood; wristlets; work gloves; leggings and metatarsal boots are “changing clothes.” Putting on and taking off earplugs, safety glasses and a respirator would not be “changing clothes.” Because “on the whole”, the entire period of time involved can be fairly characterized as “time spent in changing clothes or washing,” the Court upheld summary judgment for United States Steel. Sandifer, et al. v. United States Steel Corp., United States Supreme Court, No. 12-417.
This decision is applicable to unionized employers who have negotiated a collective bargaining addressing the compensability of donning and doffing of protective gear required in the workplace. This decision does not apply to non-union employers who require employees to wear protective gear for work. For non-union employers, the time that employees spend donning and doffing such protective gear will be compensable.