Changing Gear: The Third Circuit Adopts A Multi-Factor Test For Determining When Donning/Doffing Are Compensable Under The FLSA

Employers have long struggled with the issue of whether time spent by employees changing into and out of protective gear (donning and doffing) is compensable under the Fair Labor Standards Act (FLSA). The Third Circuit Court of Appeals, which covers New Jersey, Pennsylvania and Delaware, recently ruled in Tyger v. Precision Drilling Corp. that such time is compensable if it is "integral and indispensable" to the productive work that the employee is required to perform. The Court directed that it is appropriate to consider factors such as the location of the gear changing, relevant regulations, the type of gear required, and whether the gear is reasonably necessary for the job.

This case concerned oil-rig workers who were seeking compensation for their time spent changing in and out of flame-retardant coveralls, steel-toed boots, hard hats, safety glasses, gloves, and earplugs. The workers argued that changing is indispensable to the activities for which they are