FLSA Fashion: DOL Administrator’s Interpretation of “Changing Clothes”

It may seem odd, but what constitutes “clothes” and “changing clothes” matters under the Fair Labor Standards Act. Section 3(o) of the FLSA says time spent “changing clothes” at the beginning or end of the workday does not have to be paid, as long as the express terms or custom or practice under a collective bargaining agreement would not pay for that time.

The Department of Labor has not always provided clear direction regarding the Section 3(o) exception. From 1997 to 2001, during President Clinton’s administration, the DOL took the position that personal protective equipment (“PPE”), especially that in certain safety-sensitive jobs, was not clothes; so, donning and doffing of PPE was compensable time and not subject to the exception. From 2002 to 2007, during President George W. Bush’s administration, the DOL reversed itself. On June 16, 2010, under President Obama’s administration, the DOL returned to its earlier position, as revealed in the second Administrator’s Interpretation, 2010-2. Fashion follows the trendsetter (or the President).

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson, Mackaman, Tyler & Hagen, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×