Working time cases come in all sizes and shapes. Many of these off-the-clock cases are so-called donning-and-duffing cases involving clothes changing for work and whether it is compensable. The U.S.
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Donning and Doffing
Labor Contract Preemption And FLSA Lawsuits: The Twain Shall Never Meet?
By Mark Tabakman on
When a labor contract contains provisions that address wage hour issues (such as travel time, or donning and doffing time) a defense argument to dismiss a FLSA suit is that…
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The New Year Will Likely Bring More of the Same in the FLSA Class Action Arena
By Mark Tabakman on
In the November 30, 2010 issue of Employment Law360, Alfred Robinson posits three continuing trends in FLSA litigation: 1) donning and doffing cases; 2) exemption misclassification cases; and, 3) off-the-clock…
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Happy Thanksgiving! Turkey Processing Plant Workers Sue For Overtime
By Mark Tabakman on
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…
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A New Interpretation of the DOL
By Mark Tabakman on
A few weeks ago, I posted on the new federal Department of Labor policy to now issue position papers, as opposed to responding to requests for opinion letters. On this…
When Donning and Doffing Necessary Protective Clothing Is Not Compensable
By Mark Tabakman on
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…
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FLSA Donning and Doffing Class Action Defeated Because of Labor Contract Provision
By Mark Tabakman on
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…
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