Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 6, 2014
The Firm
201-896-4100 info@sh-law.comU.S. businesses started the October 2013 Supreme Court Term with a key victory for employers. Earlier this month, the justices unanimously ruled that U.S. Steel Corp. did not have to pay unionized employees for time spent changing in and out of protective gear under the terms of a collective bargaining agreement.
Under the Fair labor Standard Act (FLSA), the clock starts running on employee compensation when the worker engages in a “principal activity.” Accordingly, courts have held that workers must be compensated for the time they spend donning and doffing required uniforms and safety gear, unless it is de minimis.
However, the rules are different for unionized employees. Under section 203(o) of the FLSA, an employer is not required to compensate a worker for time spent “changing clothes” (even if it is a principal activity) if that time is expressly excluded from compensable time under a bona fide collective bargaining agreement.
The decision in Sandifer v. U.S. Steel Corp. resolves a circuit split regarding how to resolve the two provisions of the FLSA. The justices ultimately concluded that the majority of the protective gear at issue in the case fell under the definition of “clothes” in Section 203(o) and, therefore, the time was not compensable.
“Dictionaries from the era of [Section] 203(o)’s enactment indicate that ‘clothes’ denotes items that are both designed and used to cover the body and are commonly regarded as articles of dress,” Justice Antonin Scalia wrote. “[N]othing in the text or context of [Section] 203(o) suggests anything other than the ordinary meaning of ‘clothes.’ ”
Scalia further noted that there was “no basis for the proposition that the unmodified term ‘clothes’ somehow omits protective clothing.” With regard to safety gear such as glasses and earplugs, Scalia conceded that they were not typically viewed as clothes.
However, the justices concluded that a decision treating these types of protective items differently would create confusion for courts down the road. It is unlikely that Congress intended to “convert federal judges into time-study professionals,” Scalia wrote.
If you have any questions about this case or would like to discuss how it may impact your company’s wage and hour policies, please contact me, Christine Vanek, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!