SCOTUSblog: Sandifer v. United States Steel Corporation
Argument: Nov 4 2013 (Aud.)
FLSA), 29 U.S.C. § 203(o), excludes, from the time during which an employee is entitled to be compensated at the minimum hourly wage "any time spent in changing clothes...at the beginning or end of each workday which was excluded from measured working time...by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee." A group of workers at U.S. Steel filed a collection action lawsuit against the company for failing to compensate them for the time they spent putting on and taking off their work clothes in a locker room at the plant. The clothes consist of flame-retardant pants and jacket, work gloves, metatarsal boots (work boots containing steel or other strong material to protect the toes and instep), a hard hat, safety glasses, ear plugs, and a "snood" (a hood that covers the top of the head, the chin, and the neck). The District Court ruled that the FLSA does not require that the clothes-changing time in this case be compensated, and the Seventh Circuit agreed.
Issue: The question before the Court is what constitutes “changing clothes” within the meaning of Section 203(o) of the FLSA?
|Gary Works, U. S. Steel’s largest manufacturing plant, is situated on the south shore of Lake Michigan.|