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Expert Analysis

The FLSA's New 'Clothes'

Law360, New York (April 3, 2013, 9:35 AM EDT) -- Section 203(o) of the Fair Labor Standards Act excludes from the definition of hours worked time spent "changing clothes or washing at the beginning or end of each workday" if it has been excluded "by the express terms of or by custom or practice under a bona fide collective-bargaining agreement." However, the term "clothes" is not defined in the FLSA. As a result, courts and the U.S. Department of Labor have been unable to agree upon the meaning of "clothes." Now, the U.S. Supreme Court is set to resolve this split of opinion by agreeing to decide the following question: What constitutes "changing clothes" within the meaning of section 203(o)?...

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