Tuesday, November 5, 2013
The oral argument in Sandifer v. US Steel occurred today, with Eric Schnapper (U. Wash.) arguing for the plaintiffs. At issue is the meaning of "clothes" in FLSA donning and doffing cases, in particular, whether certain safety-related attire should be consider "clothes." This is important, because of the rule that donning and doffing "clothes" at the beginning or end of the day is not on-the-clock activity that requires wage payments.
Based on some reports, it looks like the Court may be skeptical of the employees' arguments. But, as we know, you can never sure.
For more background on the case, see the SCOTUSBlog entry.
Hat Tip: Patrick Kavanagh