SCOTUS to hear Indiana steelworkers’ case Monday

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This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?

That language in Section 203(o) of the Fair Labor Standards Act has been interpreted differently in federal circuits around the nation. The case before the justices, Sandifer v. United States Steel Corp., 12-417, arrives with a 7th Circuit holding that the acts of changing clothes and walking to work stations are not compensable under Section 203(o).

Clifton Sandifer and other workers claimed that U.S. Steel was in violation of the Fair Labor Standards Act by not compensating them for the time they spend changing into safety gear and walking to their work stations. The 7th Circuit rejected that argument, affirming the order of Judge Robert Miller of the U.S. District Court for the Northern District of Indiana, Hammond Division.

Alison Fox, who practices primarily in labor law at Faegre Baker Daniels LLP in South Bend, is following the case but is not involved. She said that while the question is a narrow one, it could resolve different interpretations among circuits, some of which consider safety gear to be clothing, for instance, while others don’t.

Likewise, some circuits, including the 7th, hold that the statute addresses the question, while several other circuits have ruled the question is one that may be negotiated between employers and unions.

Fox said the varying circuit rulings have resulted in some companies that do business nationwide operating under different practices from region to region. The federal Department of Labor also has changed its interpretation over the years, she noted.

“The whole point of the provision we’re talking about is to create some certainty,” Fox said.

If the Supreme Court affirms the 7th Circuit, Fox said it could invalidate provisions of collective bargaining agreements that compensate workers for the time they spend changing or washing clothes. If the court reverses, a result could be that unionized workers can negotiate for pay during such times.

“A wide range of industries would be affected” by any ruling, she said. “Because it involves common types of safety gear in many industries, I think it will have a wide-ranging impact.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.