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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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