It seems there are many of us out in industry that are more than a little confused about when and what to pay employees for the time they take in putting on and taking off PPE as part of their work routine. So much so that this issue has been taken to various courts and now it is time for the Fourth Circuit Court to weigh in. Its decision “Pay them” but…

Employees at Mountaire Farms chicken processing plant in Millsboro, DE, filed a lawsuit to be paid for the time spent donning and doffing protective gear during the workday.

All production employees are required to wear ear plugs, bump caps, smocks, hair and beard nets, and steel-toed rubber boots. Some production employees are also required to wear gloves, aprons and safety glasses. These are requirements of the U.S. Dept. of Agriculture and OSHA.

Employees also take off their protective gear for their unpaid lunch break and then have to put it back on to return to work. The employees and the company each provided their own witnesses to show how long it takes for the employees to put on and take off their PPE each day. The two times; about 21 minutes a day vs the companies 10 minutes.

In this case the court noted that previous federal decisions said employees must be paid for their time spent performing a “principal activity” for their jobs if the task it required by law, company policy or by the nature of the work performed. With this in mind employees should be paid for their time at the start or end of shifts. However, federal courts had ruled previously that workers don’t have to be paid for this time before and after a lunch break. This case will follow that pattern.

(Perez v. Mountaire Farms, U.S. Circuit Crt. 4, No. 09-1917, 6/7/2011)