Earlier this month, the Wisconsin Supreme Court accepted the
parties' voluntary dismissal in Weissman v. Tyson Prepared Foods,
2012AP2196, assuring the precedential status of the court of
appeals' decision. Tyson addressed the compensability under
Wisconsin law of time that employees spend pre-shift and post-shift
preparing for work by putting on and taking off standard personal
protective gear such as gloves, safety shoes, hairnets, and
coats.
Six Tyson employees filed a putative class action on behalf of
themselves and their fellow employees at a Wisconsin pepperoni
plant, claiming that they were entitled to be paid for time they
spent "donning" and "doffing" "sanitary
and protective equipment and clothing" and for time that they
spent travelling about the plant property at the beginning and end
of their shifts. The plaintiffs alleged the wage claim only under
state law. While there has been extensive litigation across the
country of such claims under the federal
