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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. 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!!!

  2. 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?

  3. 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?

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  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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