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This Just In: SCOTUS Rules on "Changing Clothes" Wage & Hour Case


As with several cases around the country, I pay particular attention to a certain few and watch as the case develops at the appellate level.  This is one in particular that was handed down by the United States Supreme Court earlier today.


Sandifer v. United States Steel - United States Supreme Court

Facts: Clifton Sandifer filed a collective action against United States Steel on behalf of current and former employees and based the claim on the Fair Labor Standards Act (FLSA).  In essence, Petitioners complained that Respondent owed the employees backpay for time spent changing various pieces of protective gear, necessary for the work that Respondent required be done. Petitioners pointed specifically to twelve of what they stated are the most common kinds of required protective gear: a flame-retardant jacket, pair of pants, and hood; a hardhat; a “snood”; “wristlets”; work gloves; leggings; “metatarsal” boots; safety glasses; earplugs; and a respirator. United States Steel defended the suit on the grounds that the time spent changing was not compensable as the collective bargaining agreement negotiated by the union stated that this time spent changing was noncompensable. 

The District Court granted United State Steel's Motion for Summary Judgment on the grounds that the changing of this protective gear constituted a "changing of clothes" as provided by 29 U.S.C. § 203(o).  That subsection allows parties to decide, as part of a collective-bargaining agreement, that “time spent in changing clothes...at the beginning or end of each workday” is noncompensable. The District Court further held that even if the protective gear were not actually "clothes", this time spent changing the protective gear was de minimis and therefore noncompensable.  The Seventh Circuit Court of Appeals affirmed. 

Holding:  Upon review by the court of the changing of the protective gear complained of by Petitioners, the Supreme Court held that most of these items could be considered "clothes."  As a result, almost everything was properly excluded as noncompensable.  With that being said, the Court did note that some of the protective gear, such as the safety glasses, earplugs, and a respirator, might not be "clothes."  However, that did not give Petitioners sufficient ground to stand on as the Court held that it does not require a minute-by-minute breakdown of how much time is spent on those particular items.  Consequently, the Court held:

"[I]f the vast majority of the time is spent in donning and doffing “clothes” as we have defined that term, the entire period qualifies, and the time spent putting on and off other items need not be subtracted."

Judgment:  The United States Supreme Court affirmed judgment for Respondent.  The changing of the protective gear did not provide Petitioners with sufficient grounds for a valid wage and hour claim under the FLSA.

Majority Opinion Judge:  Justice Scalia 

Date:  January 27, 2014

Opinion:  http://www.supremecourt.gov/opinions/13pdf/12-417_9okb.pdf

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