Protective Gear

News & Analysis as of

OSHA Weighs In on EPA Proposed Rule Governing the Use of New Chemical Substances

Seyfarth Synopsis: OSHA “strongly supports” EPA’s proposed updates to its existing regulations governing significant new uses of chemical substances under the Toxic Substances Control Act. The proposed changes seek to...more

Representative Evidence May Or May Not Be Sufficient

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing...

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots,...more

Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which...more

Opening the Courts to Seat Belt Non-Use Evidence

The Texas Supreme Court’s ruling in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015) has re-opened the national debate about whether courts should admit evidence of seat belt non-usage in lawsuits arising from...more

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

Health Care: Ebola Advisory For Health Care Facilities and Providers (10/14)

Yesterday, the CDC issued revised guidance ("Guidance") detailing personal protective equipment (PPE) standards, including donning and doffing PPE, for all healthcare workers entering the room of a patient hospitalized with...more

Ebola and the Evolution of Personal Protective Equipment Recommendations

The use of Personal Protective Equipment (PPE) is evolving in ways that could not have been foreseen, as a collective brain trust of medical experts and front line workers push for modifications of PPE guidelines to wall off...more

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion....more

Reflective Apparel Seeks Declaratory Judgment That Safety Vest Does Not Reflect Competitor's Patent Claims

Reflective Apparel Factory, Inc. (“Reflective”), a Georgia corporation headquartered in Marietta, seeks a declaratory judgment against Carolina Safety Acquisition, LLC (“Carolina”), a Delaware limited liability company...more

The "Villain's" Reply: Judge Posner Defends His Experiment in Chambers

We last wrote about Mitchell v. JCG Industries, No. 13-2115 (7th Cir. Mar. 18, 2014), in mid-March, when one judge on the panel (all suspected Judge Posner) confirmed his “intuition” that plaintiffs in a donning-and-doffing...more

Donning/Doffing Personal Protective Items: What About Mealtime?

As we wrote in our January Labor Alert, the U.S. Supreme Court's ruling in Sandifer v. United States Steel Corp. interpreted the federal Fair Labor Standards Act's Section 3(o) to apply to putting on and taking off a variety...more

Supreme Court Says No Need To Pay Union Employees For Certain Protective Gear Dressing If Bargaining Agreement Excludes It

In Sandifer v. U.S. Steel Corp., the U.S. Supreme Court held that the FLSA does not require unionized employers to compensate employees for time spent putting on and taking off certain protective clothing if they have a...more

Unionized Employers Take Note Of The Recent Supreme Court Ruling Under The FLSA

On January 27, 2014, a unanimous U.S. Supreme Court interpreted the meaning of the term “changing clothes” found in the Fair Labor Standards Act (FLSA or Act), specifically at 29 U.S.C. § 203(o). This case is significant for...more

Pay for Time Spent Donning and Doffing Protective Gear

The Supreme Court’s unanimous decision in Sandifer v. United States Steel Corp., No. 12-417 (January 27, 2014) should serve as an impetus for all employers to review their pay practices with respect to paying employees for...more

In Light of Supreme Court's Sandifer Decision, Employers Should Revisit "Donning and Doffing" Compensation Policies

On January 27, 2014, the United States Supreme Court held that time spent donning and doffing required protective gear was not compensable under the Fair Labor Standards Act (FLSA) and the terms of a collective bargaining...more

Supreme Court’s Sandifer Decision Is Not Just About Changing Clothes

In Sandifer et al. v. United States Steel Corp., a unanimous Supreme Court clarified the meaning of "changing clothes" found in Section 203(o) of the Fair Labor Standards Act ("FLSA" or "Act"), holding that "changing clothes"...more

Get Dressed! But Don’t Expect The Company to Pay for It!

Sandifer v. United States Steel Corporation, U.S. Supreme Court No. 12-417, decided January 27, 2014 (appeal from the U.S. Court of Appeals for the Seventh Circuit), is one of the rarer instances in which the Supreme Court...more

U.S. Supreme Court Clarifies Meaning of Compensable Donning and Doffing

On January 27, 2014, the United States Supreme Court clarified the meaning of “changing clothes” under the Fair Labor Standards Act’s (“FLSA”) donning and doffing protections....more

Employment Law - Feb 06, 2014

The More Things Change: U.S. Supreme Court Rules on “Changing Clothes” - Why it matters: In a unanimous decision – save for a single footnote – the U.S. Supreme Court held that the time spent donning and doffing...more

U.S. Supreme Court Takes The Wind Out Of Donning And Doffing Class Actions

For years, plaintiffs’ lawyers have brought class actions against employers seeking compensation for time spent by employees putting on and taking off protective gear. The numbers have been staggering, as eight figure...more

The Supreme Court’s Sandifer Decision and Collective Actions

Last week, the Supreme Court decided the case of Sandifer v. United States Steel Corp., Case No. 12-417 (Jan. 27, 2014), addressing donning and doffing claims in the context of a unionized steel mill. That case not only...more

Wage And Hour Issues Make Headlines Early In 2014

Based upon a unanimous ruling from the United States Supreme Court and comments from President Barack Obama during his State of the Union address, wage and hour issues are front and center for 2014. Under the wage and hour...more

Justices Scoff at Payment for Don and Doff

Employees who spend time putting on and taking off protective clothes, including flame-retardant outerwear, gloves, boot and hardhats, do not have to be paid for that time when it occurs before and after the work day, the...more

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