An increasing number of wage and hour lawsuits raise the issue of what constitutes “compensable time” under the Fair Labor Standards Act, as employees seek pay for uncompensated work-related activities such as donning and doffing different kinds of safety or protective clothing, waiting to go through security and walking to work stations. The compensation at issue in these cases can add up quickly and be costly for employers.
Tyson Foods Inc. has recently petitioned the Supreme Court to resolve the fundamental question of whether compensable work must entail exertion. The dispute arose over Tyson’s requirement that employees wear gear such as hairnets, earplugs and safety goggles, which they must don, doff and sanitize before and after each shift, and two unpaid meal breaks, taking employees more than 13 minutes per day. A group of over 540 Tyson employees at two poultry processing plants filed suit, alleging that time spent donning, doffing and sanitizing protective clothing should be compensable.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
