Courtney Leye’s article “To Don and to Doff? What are Union and Non-Union Employers’ Liability Under the Fair Labor Standards Act?” was featured in HR Professionals Magazine on March 4, 2015.
A question I am often asked by clients is what is compensable time under the Fair Labor Standards Act (the “FLSA”). Sure, it is easy to pay your non-exempt employees for the time they spend performing their jobs. Where the line is blurred, however, is when an employee performs functions ancillary to his or her position. One of these ancillary functions that has given employers headaches for years is when an employee is required to put on (“don”) and take off (“doff”) clothing and/or protective equipment as part of his or her job. What makes this particularly confusing, like most questions I receive about the FLSA, is that whether to compensate an employee for donning and doffing boils down to the specific facts.
In the article, Courtney provides employers with a road map to attempt to eliminate the guesswork for both union and non-union employers. First, she discusses the current law under the FLSA, as amended by the Portal-to-Portal Act. Then, she analyzes two recent Supreme Court opinions discussing donning and doffing. After providing employers with a background of the applicable law, she provides them with some HR best policies regarding donning and doffing.
To read the full article, please visit HR Professionals Magazine.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.