DOL Flip-Flopping May Dominate High Court FLSA Hearing

Law360, New York (November 1, 2013, 7:18 PM EDT) -- The U.S. Supreme Court will hear arguments Monday on what constitutes “changing clothes” under the Fair Labor Standards Act, and attorneys will be watching to see whether it looks like the justices will use the case to slap down the Department of Labor for flip-flopping on the issue.

The high court will hear oral arguments in an appeal lodged by a class of about 800 U.S. Steel Corp. workers who claim they were unlawfully denied compensation for time spent putting on and taking off protective equipment, in which...
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