Building on its prior rulings in so-called “donning and doffing” cases, the Supreme Court affirmed the Seventh Circuit’s 2012 decision holding that the donning of certain protective gear qualifies as “changing clothes” within the meaning of 29 U.S.C. § 203(o), and thus is susceptible to exclusion from the hours worked calculation under the terms of a collective bargaining agreement.  Sandifer v. United States Steel Corp., 571 U. S. ____ (2014). 

In a footnote, the Court also reiterated its observation from Christopher v. SmithKline Beecham Corp. that the “narrow construction” doctrine applicable to some FLSA exemptions does not apply to FLSA concepts contained in 29 U.S.C. § 203.  Id. at n. 7.  Expanded coverage of the Sandifer decision and its import for employers – particularly those operating manufacturing facilities and/or employing unionized workers – will appear shortly on the Jackson Lewis Workplace Resource Center.