ILNews

Changing, walking to workstations not compensable acts

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.

In Clifton Sandifer, et. al. v. United States Steel Corporation, Nos. 10-1821, 10-1866, Clifton Sandifer and other workers claimed that United States Steel Corp. 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. A District judge held that clothes changing is excluded from the FLSA, as outlined in Section 203(o), but he certified for interlocutory appeal the question of whether “travel time” was compensable. The plaintiffs cross-appealed the District Court’s decision about whether changing clothes is compensable.

The plaintiffs argue that the term “clothes” does not apply to the present case, because the garments that they change into and out of before and after their shift are safety gear. On behalf of the 7th Circuit panel, Judge Richard Posner wrote that clothing is by nature protective.

“It would be absurd to exclude all work clothes that have a protective function from section 203(o), and thus limit the exclusion largely to actors’ costumes and waiters’ and doormen’s uniforms,” Posner wrote. He also stated that putting on a hard had and safety glasses and inserting earplugs was non-compensable, as all of those actions combined lasted only seconds.

U.S. Steel’s collective bargaining agreement does not require it to pay workers for walking to their work stations or changing clothes. And Posner wrote that if workers have a legal right to be paid for that time, “the company will be less willing to pay them a high wage for the time during which they are making steel; it will push hard to reduce the hourly wage so that its overall labor costs do not rise.”

Posner also wrote that not all requirements of employees constitute employment, using as an example that when a person calls in sick to work, unless he is on paid sick leave, he is not paid for the time it takes to place that call.

“The plaintiffs are adverse to their union, to the interests of other steelworkers, and to their own long-term interests.” Posner wrote.

The 7th Circuit affirmed the District Court’s finding that the act of changing clothes is non-compensable. It also ruled in favor of U.S. Steel on interlocutory appeal and found the case has no merit and should be dismissed by the District Court.


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

ADVERTISEMENT