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Wage & Hour – Development & Highlights To Highlight Recent and Noteworthy Developments In Cases And Regulations on Wage and Hour Laws That Affect Large and Small Businesses

Tag Archives: donning

The New Year Will Likely Bring More Of The Same In The FLSA Class Action Arena

Posted in Class Actions, Exemptions, Working Time

In the November 30, 2010 issue of Employment Law 360, Alfred Robinson posits three continuing trends in FLSA litigation: 1) donning and doffing cases; 2) exemption misclassification cases; and, 3) off-the-clock work cases.  I concur, with the addition of a group of cases that I will call “blackberry cases” or “checking e-mail” cases. The issue… Continue Reading

Happy Thanksgiving! Turkey Processing Plant Workers Sue For Overtime

Posted in Class Actions, Working Time

A federal judge has conditionally certified a class action which was instituted by a group of production line workers in a turkey processing plant.  They claim they are owed compensation for donning and duffing activities as well as other activities that they claim were “working time.”  They claim compensation for changing into protective gear (the… Continue Reading

When Donning and Duffing Necessary Protective Clothing Is Not Compensable

Posted in Class Actions, Working Time

A federal judge has dismissed a possible class/collective action concerning an alleged failure by Butterball, the giant poultry company, to pay workers for donning and doffing time.  I have written many times on this subject, but this case is different because the court found that the employees’ union had agreed to the policy of not… Continue Reading

FLSA Donning and Duffing Class Action Defeated Because of Labor Contract Provision

Posted in Class Actions, Working Time

I have posted a few times about Fair Labor Standards Act donning and doffing cases. The general rule is that donning and doffing is compensable if these preliminary and postliminary activities are integral to the performance of the employee’s primary job. For a rule, there is always an exception. In a case entitled Johnson v…. Continue Reading