Supreme Court to Determine if Time Spent Donning Required Protective Gear is Compensable

The Supreme Court has agreed to hear the case, Tyson Foods, Inc. v. Bouaphaeko, to determine whether time spent putting on and taking off protective equipment required for work is compensable work time under the Fair Labor Standards Act (FLSA). The suit is a collective action claim, and claimants include a number of Tyson employees who allege the company did not properly compensate them for time spent changing before and after their shift.

Many jobs require special protective clothing and equipment, however it is unclear whether the time spent putting on and taking off this equipment is compensable work time. In some cases, “donning and doffing” protective equipment can add up to a lot of time, and represents significant potential unpaid wages.

In Tyson Foods, Inc. v. Bouaphaeko, the company did pay its employees for time spent changing by estimating the duration of the activity and then adding wage based on that estimate to the employees paycheck.   Employees allege that Tyson’s estimates are far below the actual time required. A jury in a lower court agreed, and awarded nearly 6 million dollars in damages, 

Tyson has maintained the suit should not be granted collective action status as many of its employees take different amounts of time to change, and in fact wear different types of equipment. The plaintiffs have responded by referencing statistical sampling to demonstrate average changing times, a method the eighth Circuit Court has deemed allowed under the FLSA.

The Supreme Court will begin hearing oral arguments in the coming months, and their ultimate decision will have implications for workers wearing required protective equipment across the country.

Image used under the public domain.