DOL Shifts On FLSA Protective Gear Exemption

Law360, New York (June 29, 2010, 3:50 PM EDT) -- Employers with unionized workers who use protective gear on the job may need to review their pay practices, now that the U.S. Department of Labor has reversed its Bush-era position and found that employees cannot bargain away pay for time spent donning and doffing protective equipment, attorneys say.

In a June 16 administrator interpretation, Wage and Hour Division Deputy Administrator Nancy J. Leppink said protective gear does not constitute “clothes” for the purposes of the Fair Labor Standards Act’s Section 203(o) exemption, reversing the position taken...
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