News & Analysis as of

Protective Gear

OSHA Hazard Assessment: To What Extent Can a Multi-Facility Employer Rely on Hazard Assessments from One Facility in Another,...

by Stoel Rives LLP on

OSHA regulations require an employer to conduct a hazard assessment to determine if hazards are present, or likely to be present, that necessitate the use of Personal Protection Equipment (“PPE”). 29 CFR § 1910.132(d)(1). It...more

Temperature Plays A Significant Role in Worker Injuries [Infographic]

by Howard Ankin on

Workers who are exposed to extreme temperatures on the job have a higher risk of injuries and chronic health problems. Exposure to prolonged periods of heat and cold account for thousands of work-related injuries each year....more

Worker entitled to sue coworker for failure to report absence of or defect in protective equipment: court

by Dentons on

An Ontario judge has allowed an injured worker to proceed with his lawsuit against a coworker for failing to report the absence of or defect in fall arrest equipment....more

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

by Seyfarth Shaw LLP on

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

by Akerman LLP - HR Defense on

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...

by Hinshaw & Culbertson LLP on

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

by Littler on

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

by Snell & Wilmer on

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

by Carlton Fields on

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

by Franczek Radelet P.C. on

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)

by Bond Schoeneck & King PLLC on

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

by Hodgson Russ LLP on

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

by Womble Bond Dickinson on

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

by Foley & Lardner LLP on

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?

by Fisher Phillips on

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

by Franczek Radelet P.C. on

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

by Pepper Hamilton LLP on

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

by Baker Donelson on

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

by Proskauer Rose LLP on

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!

by Pessin Katz Law, P.A. on

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

by Cole Schotz on

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

by Hirschfeld Kraemer LLP on

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

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