Scotus Issues Opinion in IBP, Inc. v. Alvarez

Under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. ("FLSA"), as amended by the Portal-to-Portal Act, 29 U.S.C. §§ 251-262 ("Portal Act"), an employee must be compensated for the time their employer requires them to spend donning and doffing protective gear. In the combined oral argument for Tum v. Barber Foods, Inc. and IBP, Inc. v. Alvarez, the Supreme Court considered an important related question?whether an employee is also entitled to compensation for time spent waiting at stations where required safety and health equipment is distributed, donned, and doffed, and traveling to and from these stations to work sites at the beginning and end of each workday. This week the Court gave us the answer. In a nutshell, the Supreme Court?s decision in these consolidated cases is that the donning of essential clothing and equipment that is integral to the performance of an employee?s job marks the beginning of the employee?s compensable workday. Once an employee dons protective clothing or equipment, the workday has begun and continues to run until such time as the employee actually doffs that protective gear or clothing at the end of the workday. Of course the converse is also true: any time spent by employees walking to the locker room prior to donning such equipment/clothing or waiting in line to receive same is generally not compensable under the FLSA.Here is the Court's opinion.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer