With Maria Perugini Baechli, Maria Perugini Baechli
In a recent consolidated opinion, IBP, Inc., v. Alvarez, No. 03-1238, and Tum v. Barber Foods, Inc., No. 04-66 (Nov. 8, 2005), a unanimous U.S. Supreme Court held that employees must be compensated under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act of 1947, for time spent walking from their employer’s locker room to the work floor after "donning," or putting on, unique protective gear, as well as time spent waiting to "doff," or take off, unique protective gear.