Wage & Overtime

Donning & Doffing

Outten & Golden attorneys prosecute “donning and doffing” claims against employers for failing to pay their workers for all time worked. In certain industries, workers spend time putting on (“donning”) and taking off (“doffing”) protective clothing and gear that is mandatory for their line of work. The federal wage and hour statute (FLSA) requires that such time be paid as long as the gear is “integral and indispensable” to the worker’s “primary activity.”

Even though the actual time spent donning and doffing may be only a few minutes a day, the potential loss of wages can be substantial when those minutes are multiplied by a large number of employees over multiple pay periods. Therefore, even seemingly small violations can result in significant damages owed to workers. Outten & Golden lawyers are experienced in ensuring that employers pay employees everything they are owed.*

(*Prior results do not guarantee a similar outcome.)

News

Jury Sides With Tyson Workers In FLSA Class Action

Law360 - Bibeka Shrestha

A jury in Kansas awarded more than $500,000 to a class of Tyson Foods Inc. meatpacking workers Wednesday after finding the company had violated the Fair Labor Standards Act by refusing to pay employees for time spent donning and doffing protective gear.

After hearing evidence for seven days, a jury in the U.S. District Court for the District of Kansas found that Tyson Foods and Tyson Fresh Meats Inc. had violated both the FLSA and the Kansas Wage Payment Act.

The jury concluded that FLSA violation were willful despite Tyson's protestations that any errors it made under the federal labor law...