Are employers required to pay employees for the time employees spend putting on their uniforms or protective gear before the start of their shift?

Employers may have to compensate employees if these uniforms and steel-toed boots are “unique protective gear” and are “integral and indispensable” to the performance of their essential job duties. Hard hats, ear plugs, safety glasses, boots or hairnets are not unique protective gear.

The process of putting on and removing unique protective clothing is called donning (putting on) and doffing (removing). In a case that ultimately reached the Supreme Court, the appeals court ruled that the time spent donning and doffing unique protective gear was compensable, but that the time spent donning and doffing nonunique gear was too minimal to be compensable. It also ruled that the time spent walking from the locker room to the production floor was compensable. On appeal to the Supreme Court, IBP Inc. challenged only the compensability of the walking time, so the appeals court ruling on donning and doffing still applies.

In its ruling ( IBP v. Alvarez ) , the Supreme Court decided that the time employees spent walking from the locker room area where they changed into unique protective gear to the production area was compensable, as well as the time waiting to doff. However, the time employees spent waiting to change into protective gear was not compensable.

In response to the Supreme Court’s ruling, employers should:

• Train front-line managers and staff about activities that are compensable and considered “hours worked” under the Fair Labor Standards Act and Portal-to-Portal Act. Verify that your training includes examples of all preparatory activities considered to be “on the clock” and preliminary to the principal activities of a given job.
• Review and update your timekeeping processes and policies to eliminate further confusion.
• Provide staff with examples of your company’s unique and protective gear standards in accordance with your industry and/or government safety regulations. In the IBP v. Alvarez case, IBP employees who worked in a poultry plant were required to don specialized clothing including Kevlar gloves, metal mesh vests, aprons, leggings and safety boots that were unique to the job.

In summary, the donning and doffing of specialized and unique protective gear is compensable. Walking to the production floor from the employer’s changing area also is included as a compensable activity.

 
Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.
 

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