The Latest from the U.S. Supreme Court - Time Spent Putting On and Taking Off Protective Gear Is Not Compensable Under the Fair Labor Standards Act

Earlier this week, in Sandifer v. U.S. Steel Corp., the Supreme Court addressed whether unionized workers may be entitled to compensation for time spent putting on and taking off protective gear. The Court found that putting on and taking off protective gear qualifies as "changing clothes" under the Fair Labor Standards Act (FLSA) and, as such, is not compensable time if it is treated as non-work time by a collective bargaining agreement.

The FLSA provides that time spent changing clothes or washing at the beginning or end of each workday is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement.

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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.

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