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my mom used to defend chicken plants on this issue - should workers be paid for the time they spend donning and doffing their smocks and hairnets? the law was a
by sterlind 7y ago
my mom used to defend chicken plants on this issue - should workers be paid for the time they spend donning and doffing their smocks and hairnets? the law was ambiguous -- I was put through college on the money from these cases!
One of these cases eventually made its way to the Supreme Court [0], but they ruled (in favor of the plaintiffs) about the validity of the collective action, not about whether the Fair Labor Standards Act covered donning and doffing (it does, at least so I believe.)
It seems like donning and doffing is considered as time worked because it's a "principal activity" under the FLSA [1], and that includes waiting time. Seems like being frisked would be a "principal activity" as well - it's essentially doffing - so waiting time would be included too.
Someone could make a pretty penny bringing a collective suit against Amazon over this.
0. https://en.wikipedia.org/wiki/Tyson_Foods,_Inc._v._Bouaphakeo https://en.wikipedia.org/wiki/Tyson_Foods,_Inc._v._Bouaphake...
1. https://www.dol.gov/agencies/whd/field-assistance-bulletins/2006-2 https://www.dol.gov/agencies/whd/field-assistance-bulletins/...