Employment Brief - November 2005

Changing Into And Out Of Protective Gear Is Work Time That Must Be Paid

The U.S. Supreme Court held in IBP v. Alvarez that, under the federal Fair Labor Standards Act, an employee’s work time at a meat packing plant included time spent walking to an employee’s workstation after changing into protective gear. The employer argued that such time was not compensable work time but time spent preparing to start work. However, the Court concluded that the employees’ compensable work time started when they commenced donning protective gear and ended when they completed taking off the gear. Conversely, in a companion case, Tum v. Barber Foods, the Supreme Court clarified that the employees’ time spent waiting in line at the employer to pick up protective gear was not work time. Employers who have employees change into protective gear and/or uniforms at the worksite should ensure that their pay practices comply with these new cases.