Getting Paid for Getting Dressed
The U.S. Department of Labor recently issued a new interpretation of donning and doffing requirements under the Fair Labor Standards Act, bringing the Department’s interpretation in line with recent court decisions. The issue is whether employees should be paid for putting on and taking off clothing before and after work. You can read Interpretation No. 2010-2 in all its scintillating detail here: http://www.dol.gov/whd/opinion/adminIntrprtn/FLSA/2010/FLSAAI2010_2.pdf
The gist is that donning and doffing protective equipment that is required by law before or after a shift may be compensable, as can waiting time between donning and working. To the extent that this new Interpretation contradicts a 2002 opinion letter from the Department of Labor on this topic, we are instructed no longer rely upon the opinion letter.
Tags: donning and doffing, FLSA
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