This article was originally posted at some time between 2015 and September, 2020. It is being re-posted now as part of our website reconstruction. Some of the dates mentioned in this article may reference the time period from which it was originally posted.
If you require your employees to wear uniforms and/or Personal Protective Equipment (PPE), like safety glasses, then the answer may be “yes”, according to two recent court cases.
Earlier this month, the Wisconsin Supreme Court upheld a lower court’s ruling that Austin, MN-based Hormel Foods Corp. owes back pay to hundreds of workers for failing to compensate them for the time it took them to don and doff uniforms and safety glasses on a daily basis. These articles were required by the company, and OSHA. A lower court had previously ordered the company to pay almost $200,000 to workers for time spent to don and doff uniforms, safety glasses, etc., before and after their shifts. The case originated in the company’s Beloit, WI facility, located about 45 minutes south of Madison. At the Federal level, a nearly identical case against Tyson ended with the same result last month.
The two cases are remarkably similar. Both involved groups of employees who complained that they weren’t compensated for time spent donning and doffing uniforms and protective gear (Personal Protective Equipment) such as safety glasses. In both cases, the courts ruled that donning (and doffing) personal protective equipment and other safety gear was required to comply with Federal food and safety regulations and is “integral and indispensable to sanitation and safety”. Since it’s an integral part of their jobs and of the process as a whole, the companies were required to provide compensation to affected employees. The attorneys for the workers had argued that it takes about six minutes to don and doff the required gear, which extended their work weeks beyond 40 hours.
Federal and MN OSHA have regulations on PPE that require employers to select the proper type of PPE, mandate its use, and provide safety training on PPE to employees, but the regulations don’t require employers to pay employees for time spent in donning and doffing. As always, we recommend that companies consult with your legal counsel and/or a qualified safety consultant to determine the applicability of this case to your operation.