Post Foods Must Face Suit Seeking Pay For Dressing Time

Law360 (January 21, 2021, 4:48 PM EST) -- Post Foods LLC can't dismiss a lawsuit alleging that the cereal company should pay workers for pre- and post-shift activities, a Michigan federal judge ruled, finding the workers might be eligible for compensation for activities after changing in and out of uniform.

U.S. District Judge Hala Y. Jarbou denied Post's motion to dismiss the proposed class and collective action, in a Wednesday opinion and order. Even if the Fair Labor Standards Act allows employers to use collective bargaining agreements to exclude changing in and out of uniforms from compensation, activities afterward might count as on-the-clock work, Judge Jarbou said.

"The CBA...

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